82_FR_48179 82 FR 47981 - Approval and Promulgation of Air Quality Implementation Plans; West Virginia; 2015 Ozone National Ambient Air Quality Standards

82 FR 47981 - Approval and Promulgation of Air Quality Implementation Plans; West Virginia; 2015 Ozone National Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 198 (October 16, 2017)

Page Range47981-47983
FR Document2017-22254

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the State of West Virginia state implementation plan (SIP). The revisions update the effective date by which the West Virginia regulations incorporate by reference the national ambient air quality standards (NAAQS), additional monitoring methods, and additional equivalent monitoring methods. This update will effectively add the following to the West Virginia SIP: The 2015 ozone NAAQS, monitoring reference and equivalent methods pertaining to fine particulate matter (PM<INF>2.5</INF>), Carbon Monoxide (CO), and course particulate matter (PM<INF>10</INF>), and it will revise the ozone monitoring season, the Federal Reference Method (FRM), the Federal Equivalent Method (FEM), and the Photochemical Assessment Monitoring Stations (PAMS) network. The SIP revision will also change a reference from the ``West Virginia Department of Environmental Protection,'' to the ``Division of Air Quality.'' EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 82 Issue 198 (Monday, October 16, 2017)
[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)]
[Rules and Regulations]
[Pages 47981-47983]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22254]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0413; FRL-9969-48-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; 2015 Ozone National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the State of West Virginia state 
implementation plan (SIP). The revisions update the effective date by 
which the West Virginia regulations incorporate by reference the 
national ambient air quality standards (NAAQS), additional monitoring 
methods, and additional equivalent monitoring methods. This update will 
effectively add the following to the West Virginia SIP: The 2015 ozone 
NAAQS, monitoring reference and equivalent methods pertaining to fine 
particulate matter (PM2.5), Carbon Monoxide (CO), and course 
particulate matter (PM10), and it will revise the ozone 
monitoring season, the Federal Reference Method (FRM), the Federal 
Equivalent Method (FEM), and the Photochemical Assessment Monitoring 
Stations (PAMS) network. The SIP revision will also change a reference 
from the ``West Virginia Department of Environmental Protection,'' to 
the ``Division of Air Quality.'' EPA is approving these revisions in 
accordance with the requirements of the Clean Air Act (CAA).

DATES: This rule is effective on December 15, 2017 without further 
notice, unless EPA receives adverse written comment by November 15, 
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-2017-0413 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: Joseph Schulingkamp, (215) 814-2021, 
or by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On June 13, 2017, the State of West Virginia through the West 
Virginia Department of Environmental Protection (WVDEP) submitted a 
formal revision to West Virginia's SIP pertaining to amendments of 
Legislative Rule, 45 CSR 8--Ambient Air Quality Standards. The SIP 
revision consists of revising the effective date of the incorporation 
by reference of 40 CFR parts 50 and 53.

II. Summary of SIP Revision and EPA Analysis

    West Virginia has submitted this SIP revision to update the State's 
incorporation by reference of 40 CFR part 50, which contains the 
Federal NAAQS, and 40 CFR part 53, which contains the ambient air 
monitoring reference methods and equivalent reference methods. 
Currently, the version of 45 CSR 8 in the West Virginia SIP 
incorporates by reference 40 CFR parts 50 and 53 as effective on June 
1, 2013; this SIP revision will update the effective date to June 1, 
2016.
    In the June 13, 2017 SIP submittal, WVDEP submitted amendments to 
the legislative rule which include the following changes: To section 
45-8-1 (General), the filing and effective dates are changed to reflect 
the update of the legislative rule; to section 45-8-3 (Adoption of 
Standards), the effective dates for the incorporation by reference of 
40 CFR parts 50 and 53 are changed; to section 45-8-4 (Inconsistency 
Between Rules), the reference to the ``West Virginia Department of 
Environmental Protection,'' is changed to the ``Division of Air 
Quality.'' West Virginia has amended 45 CSR 8 to revise the filing and 
effective dates of the rule to May 15, 2017 and June 1, 2017 
respectively. The effective date of the incorporation by reference of 
40 CFR parts 50 and 53 changed from June 1, 2013 to June 1, 2017. EPA 
finds the revised version of 45 CSR 8 with new effective dates 
incorporating by reference 40 CFR parts 50 and 53, as well as the 
changes to the reference of the state air agency, are in accordance 
with requirements in section 110 of the CAA.
    This update will effectively add the following to the West Virginia 
SIP: The 2015 ozone NAAQS, monitoring reference and equivalent methods 
pertaining to PM2.5, CO, and PM10, and it will 
revise the ozone monitoring season to March 1st through October 31st, 
the FRM, the FEM, and the PAMS network.

III. Final Action

    EPA is approving the amendments to Legislative Rule, 45 CSR 8--
Ambient Air Quality Standards, into the West Virginia SIP pursuant to 
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 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 15, 2017 
without further notice unless EPA receives adverse comment by November 
15, 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,

[[Page 47982]]

EPA may adopt as final those provisions of the rule that are not the 
subject of an adverse comment.

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 update to West Virginia's Legislative Rule, 
45 CSR 8, as effective on June 1, 2017. 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). 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 of 
the SIP compilation.\1\
---------------------------------------------------------------------------

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

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 15, 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 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, to approve West Virginia's SIP revisions to update of 
the effective date by which the State regulations incorporate by 
reference the Federal NAAQS, additional monitoring methods, and 
additional equivalent monitoring methods, which effectively adds the 
2015 ozone NAAQS and ambient air monitoring reference and equivalent 
methods pertaining to PM2.5, PM10, and CO, and 
changing the reference to the state air agency, may not be challenged 
later in proceedings to enforce its requirements. (See section 
307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: September 27, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart XX--West Virginia

0
2. In Sec.  52.2520, the first table in paragraph (c) is amended by 
revising the entries for 45-8-1 through 45-8-4 to read as follows:


Sec.  52.2520   Identification of plan.

* * * * *
    (c) * * *

[[Page 47983]]



                                EPA-Approved Regulations in the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
                                                            State                                Additional
State citation [Chapter 16-20 or      Title/subject       effective     EPA approval date   explanation/citation
             45 CSR]                                         date                             at 40 CFR 52.2565
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 [45 CSR] Series 8 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Section 45-8-1..................  General..............       6/1/17  10/16/2017, [Insert   Filing and effective
                                                                       Federal Register      dates are revised.
                                                                       Citation].
Section 45-8-2..................  Definitions..........       6/1/17  10/16/2017, [Insert   Previous Approval 9/
                                                                       Federal Register      22/2014.
                                                                       Citation].
Section 45-8-3..................  Adoption of Standards       6/1/17  10/16/2017, [Insert   Effective date is
                                                                       Federal Register      revised.
                                                                       Citation].
Section 45-8-4..................  Inconsistency Between       6/1/17  10/16/2017, [Insert   Replaced ``West
                                   Rules.                              Federal Register      Virginia Department
                                                                       Citation].            of Environmental
                                                                                             Protection'' with
                                                                                             ``Division of Air
                                                                                             Quality''.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-22254 Filed 10-13-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations                                         47981

                                                  This notice is issued under the                       www.regulations.gov, or via email to                  legislative rule which include the
                                                authority of 5 U.S.C. 552(a).                           stahl.cythia@epa.gov. For comments                    following changes: To section 45–8–1
                                                                                                        submitted at Regulations.gov, follow the              (General), the filing and effective dates
                                                Joseph B. Loring,
                                                                                                        online instructions for submitting                    are changed to reflect the update of the
                                                Captain, Office of Marine Environmental
                                                                                                        comments. Once submitted, comments                    legislative rule; to section 45–8–3
                                                Response Policy.
                                                                                                        cannot be edited or removed from                      (Adoption of Standards), the effective
                                                [FR Doc. 2017–22333 Filed 10–13–17; 8:45 am]
                                                                                                        Regulations.gov. For either manner of                 dates for the incorporation by reference
                                                BILLING CODE P
                                                                                                        submission, EPA may publish any                       of 40 CFR parts 50 and 53 are changed;
                                                                                                        comment received to its public docket.                to section 45–8–4 (Inconsistency
                                                                                                        Do not submit electronically any                      Between Rules), the reference to the
                                                ENVIRONMENTAL PROTECTION                                information you consider to be                        ‘‘West Virginia Department of
                                                AGENCY                                                  confidential business information (CBI)               Environmental Protection,’’ is changed
                                                                                                        or other information whose disclosure is              to the ‘‘Division of Air Quality.’’ West
                                                40 CFR Part 52                                                                                                Virginia has amended 45 CSR 8 to revise
                                                                                                        restricted by statute. Multimedia
                                                [EPA–R03–OAR–2017–0413; FRL–9969–48–                    submissions (audio, video, etc.) must be              the filing and effective dates of the rule
                                                Region 3]                                               accompanied by a written comment.                     to May 15, 2017 and June 1, 2017
                                                                                                        The written comment is considered the                 respectively. The effective date of the
                                                Approval and Promulgation of Air                        official comment and should include                   incorporation by reference of 40 CFR
                                                Quality Implementation Plans; West                      discussion of all points you wish to                  parts 50 and 53 changed from June 1,
                                                Virginia; 2015 Ozone National Ambient                                                                         2013 to June 1, 2017. EPA finds the
                                                                                                        make. EPA will generally not consider
                                                Air Quality Standards                                                                                         revised version of 45 CSR 8 with new
                                                                                                        comments or comment contents located
                                                AGENCY: Environmental Protection                        outside of the primary submission (i.e.               effective dates incorporating by
                                                Agency (EPA).                                           on the Web, cloud, or other file sharing              reference 40 CFR parts 50 and 53, as
                                                ACTION: Direct final rule.                              system). For additional submission                    well as the changes to the reference of
                                                                                                        methods, please contact the person                    the state air agency, are in accordance
                                                SUMMARY:   The Environmental Protection                 identified in the FOR FURTHER                         with requirements in section 110 of the
                                                Agency (EPA) is taking direct final                     INFORMATION CONTACT section. For the                  CAA.
                                                action to approve revisions to the State                full EPA public comment policy,                          This update will effectively add the
                                                of West Virginia state implementation                   information about CBI or multimedia                   following to the West Virginia SIP: The
                                                plan (SIP). The revisions update the                    submissions, and general guidance on                  2015 ozone NAAQS, monitoring
                                                effective date by which the West                        making effective comments, please visit               reference and equivalent methods
                                                Virginia regulations incorporate by                     http://www2.epa.gov/dockets/                          pertaining to PM2.5, CO, and PM10, and
                                                reference the national ambient air                      commenting-epa-dockets.                               it will revise the ozone monitoring
                                                quality standards (NAAQS), additional                                                                         season to March 1st through October
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                monitoring methods, and additional                                                                            31st, the FRM, the FEM, and the PAMS
                                                                                                        Joseph Schulingkamp, (215) 814–2021,                  network.
                                                equivalent monitoring methods. This                     or by email at schulingkamp.joseph@
                                                update will effectively add the                         epa.gov.                                              III. Final Action
                                                following to the West Virginia SIP: The
                                                2015 ozone NAAQS, monitoring                            SUPPLEMENTARY INFORMATION:                               EPA is approving the amendments to
                                                reference and equivalent methods                                                                              Legislative Rule, 45 CSR 8—Ambient
                                                                                                        I. Background                                         Air Quality Standards, into the West
                                                pertaining to fine particulate matter
                                                (PM2.5), Carbon Monoxide (CO), and                         On June 13, 2017, the State of West                Virginia SIP pursuant to section 110 of
                                                course particulate matter (PM10), and it                Virginia through the West Virginia                    the CAA. EPA is publishing this rule
                                                will revise the ozone monitoring season,                Department of Environmental Protection                without prior proposal because EPA
                                                the Federal Reference Method (FRM),                     (WVDEP) submitted a formal revision to                views this as a noncontroversial
                                                the Federal Equivalent Method (FEM),                    West Virginia’s SIP pertaining to                     amendment and anticipates no adverse
                                                                                                        amendments of Legislative Rule, 45 CSR                comment. However, in the ‘‘Proposed
                                                and the Photochemical Assessment
                                                                                                        8—Ambient Air Quality Standards. The                  Rules’’ section of this Federal Register,
                                                Monitoring Stations (PAMS) network.
                                                                                                        SIP revision consists of revising the                 EPA is publishing a separate document
                                                The SIP revision will also change a
                                                                                                        effective date of the incorporation by                that will serve as the proposal to
                                                reference from the ‘‘West Virginia
                                                                                                        reference of 40 CFR parts 50 and 53.                  approve the SIP revision if adverse
                                                Department of Environmental
                                                                                                                                                              comments are filed. This rule will be
                                                Protection,’’ to the ‘‘Division of Air                  II. Summary of SIP Revision and EPA                   effective on December 15, 2017 without
                                                Quality.’’ EPA is approving these                       Analysis                                              further notice unless EPA receives
                                                revisions in accordance with the
                                                                                                           West Virginia has submitted this SIP               adverse comment by November 15,
                                                requirements of the Clean Air Act
                                                                                                        revision to update the State’s                        2017. If EPA receives adverse comment,
                                                (CAA).                                                                                                        EPA will publish a timely withdrawal in
                                                                                                        incorporation by reference of 40 CFR
                                                DATES: This rule is effective on                        part 50, which contains the Federal                   the Federal Register informing the
                                                December 15, 2017 without further                       NAAQS, and 40 CFR part 53, which                      public that the rule will not take effect.
                                                notice, unless EPA receives adverse                     contains the ambient air monitoring                   EPA will address all public comments
                                                written comment by November 15,                         reference methods and equivalent                      in a subsequent final rule based on the
                                                2017. If EPA receives such comments, it                 reference methods. Currently, the                     proposed rule. EPA will not institute a
jstallworth on DSKBBY8HB2PROD with RULES




                                                will publish a timely withdrawal of the                 version of 45 CSR 8 in the West Virginia              second comment period on this action.
                                                direct final rule in the Federal Register               SIP incorporates by reference 40 CFR                  Any parties interested in commenting
                                                and inform the public that the rule will                parts 50 and 53 as effective on June 1,               must do so at this time. Please note that
                                                not take effect.                                        2013; this SIP revision will update the               if EPA receives adverse comment on an
                                                ADDRESSES: Submit your comments,                        effective date to June 1, 2016.                       amendment, paragraph, or section of
                                                identified by Docket ID No. EPA–R03–                       In the June 13, 2017 SIP submittal,                this rule and if that provision may be
                                                OAR–2017–0413 at https://                               WVDEP submitted amendments to the                     severed from the remainder of the rule,


                                           VerDate Sep<11>2014   14:58 Oct 13, 2017   Jkt 244001   PO 00000   Frm 00029   Fmt 4700   Sfmt 4700   E:\FR\FM\16OCR1.SGM   16OCR1


                                                47982              Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations

                                                EPA may adopt as final those provisions                   in the Unfunded Mandates Reform Act                   Administrator of this final rule does not
                                                of the rule that are not the subject of an                of 1995 (Pub. L. 104–4);                              affect the finality of this action for the
                                                adverse comment.                                             • does not have federalism                         purposes of judicial review nor does it
                                                                                                          implications as specified in Executive                extend the time within which a petition
                                                IV. Incorporation by Reference
                                                                                                          Order 13132 (64 FR 43255, August 10,                  for judicial review may be filed, and
                                                   In this rule, EPA is finalizing                        1999);                                                shall not postpone the effectiveness of
                                                regulatory text that includes                                • is not an economically significant               such rule or action. Parties with
                                                incorporation by reference. In                            regulatory action based on health or                  objections to this direct final rule are
                                                accordance with requirements of 1 CFR                     safety risks subject to Executive Order               encouraged to file a comment in
                                                51.5, EPA is finalizing the update to                     13045 (62 FR 19885, April 23, 1997);                  response to the parallel notice of
                                                West Virginia’s Legislative Rule, 45 CSR                     • is not a significant regulatory action           proposed rulemaking for this action
                                                8, as effective on June 1, 2017. EPA has                  subject to Executive Order 13211 (66 FR               published in the proposed rules section
                                                made, and will continue to make, these                    28355, May 22, 2001);                                 of this Federal Register, rather than file
                                                materials generally available through                        • is not subject to requirements of                an immediate petition for judicial
                                                www.regulations.gov and/or at the EPA                     Section 12(d) of the National                         review of this direct final rule, so that
                                                Region III Office (please contact the                     Technology Transfer and Advancement                   EPA can withdraw this direct final rule
                                                person identified in the FOR FURTHER                      Act of 1995 (15 U.S.C. 272 note) because              and address the comment in the
                                                INFORMATION CONTACT section of this                       application of those requirements would               proposed rulemaking action.
                                                preamble for more information).                           be inconsistent with the CAA; and
                                                                                                                                                                   This action, to approve West
                                                Therefore, these materials have been                         • does not provide EPA with the
                                                approved by EPA for inclusion in the                                                                            Virginia’s SIP revisions to update of the
                                                                                                          discretionary authority to address, as
                                                SIP, have been incorporated by                                                                                  effective date by which the State
                                                                                                          appropriate, disproportionate human
                                                reference by EPA into that plan, are                                                                            regulations incorporate by reference the
                                                                                                          health or environmental effects, using
                                                fully federally enforceable under                                                                               Federal NAAQS, additional monitoring
                                                                                                          practicable and legally permissible
                                                sections 110 and 113 of the CAA as of                                                                           methods, and additional equivalent
                                                                                                          methods, under Executive Order 12898
                                                the effective date of the final rulemaking                                                                      monitoring methods, which effectively
                                                                                                          (59 FR 7629, February 16, 1994).
                                                of EPA’s approval, and will be                               In addition, this rule does not have               adds the 2015 ozone NAAQS and
                                                incorporated by reference by the                          tribal implications as specified by                   ambient air monitoring reference and
                                                Director of the Federal Register in the                   Executive Order 13175 (65 FR 67249,                   equivalent methods pertaining to PM2.5,
                                                next update of the SIP compilation.1                      November 9, 2000), because the SIP is                 PM10, and CO, and changing the
                                                                                                          not approved to apply in Indian country               reference to the state air agency, may
                                                V. Statutory and Executive Order                                                                                not be challenged later in proceedings to
                                                Reviews                                                   located in the state, and EPA notes that
                                                                                                          it will not impose substantial direct                 enforce its requirements. (See section
                                                A. General Requirements                                   costs on tribal governments or preempt                307(b)(2).)
                                                   Under the CAA, the Administrator is                    tribal law.                                           List of Subjects in 40 CFR Part 52
                                                required to approve a SIP submission                      B. Submission to Congress and the
                                                that complies with the provisions of the                                                                          Environmental protection, Air
                                                                                                          Comptroller General                                   pollution control, Carbon monoxide,
                                                CAA and applicable federal regulations.
                                                42 U.S.C. 7410(k); 40 CFR 52.02(a).                          The Congressional Review Act, 5                    Incorporation by reference, Lead,
                                                Thus, in reviewing SIP submissions,                       U.S.C. 801 et seq., as added by the Small             Nitrogen dioxide, Ozone, Particulate
                                                EPA’s role is to approve state choices,                   Business Regulatory Enforcement                       matter, Reporting and recordkeeping
                                                provided that they meet the criteria of                   Fairness Act of 1996, generally provides              requirements, Sulfur oxides.
                                                the CAA. Accordingly, this action                         that before a rule may take effect, the                 Dated: September 27, 2017.
                                                merely approves state law as meeting                      agency promulgating the rule must                     Cecil Rodrigues,
                                                federal requirements and does not                         submit a rule report, which includes a                Acting Regional Administrator, Region III.
                                                impose additional requirements beyond                     copy of the rule, to each House of the
                                                those imposed by state law. For that                      Congress and to the Comptroller General                   40 CFR part 52 is amended as follows:
                                                reason, this action:                                      of the United States. EPA will submit a
                                                   • Is not a ‘‘significant regulatory                    report containing this action and other               PART 52—APPROVAL AND
                                                action’’ subject to review by the Office                  required information to the U.S. Senate,              PROMULGATION OF
                                                of Management and Budget under                            the U.S. House of Representatives, and                IMPLEMENTATION PLANS
                                                Executive Orders 12866 (58 FR 51735,                      the Comptroller General of the United
                                                October 4, 1993) and 13563 (76 FR 3821,                   States prior to publication of the rule in            ■ 1. The authority citation for part 52
                                                January 21, 2011);                                        the Federal Register. A major rule                    continues to read as follows:
                                                   • does not impose an information                       cannot take effect until 60 days after it                 Authority: 42 U.S.C. 7401 et seq.
                                                collection burden under the provisions                    is published in the Federal Register.
                                                of the Paperwork Reduction Act (44                        This action is not a ‘‘major rule’’ as                Subpart XX—West Virginia
                                                U.S.C. 3501 et seq.);                                     defined by 5 U.S.C. 804(2).
                                                   • is certified as not having a                                                                               ■ 2. In § 52.2520, the first table in
                                                significant economic impact on a                          C. Petitions for Judicial Review                      paragraph (c) is amended by revising the
                                                substantial number of small entities                        Under section 307(b)(1) of the CAA,                 entries for 45–8–1 through 45–8–4 to
                                                under the Regulatory Flexibility Act (5                   petitions for judicial review of this                 read as follows:
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                                                U.S.C. 601 et seq.);                                      action must be filed in the United States
                                                                                                                                                                § 52.2520    Identification of plan.
                                                   • does not contain any unfunded                        Court of Appeals for the appropriate
                                                mandate or significantly or uniquely                      circuit by December 15, 2017. Filing a                *       *    *      *     *
                                                affect small governments, as described                    petition for reconsideration by the                       (c) * * *


                                                  1 62   FR 27968 (May 22, 1997).



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                                                                   Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations                                                              47983

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


                                                           *                         *                            *                           *                       *                      *                     *

                                                                                                          [45 CSR] Series 8           Ambient Air Quality Standards

                                                Section 45–8–1 ..........     General ................................            6/1/17   10/16/2017, [Insert       Federal Reg-     Filing and effective dates are re-
                                                                                                                                             ister Citation].                            vised.
                                                Section 45–8–2 ..........     Definitions ............................            6/1/17   10/16/2017, [Insert       Federal Reg-     Previous Approval 9/22/2014.
                                                                                                                                             ister Citation].
                                                Section 45–8–3 ..........     Adoption of Standards .........                     6/1/17   10/16/2017, [Insert       Federal Reg-     Effective date is revised.
                                                                                                                                             ister Citation].
                                                Section 45–8–4 ..........     Inconsistency Between                               6/1/17   10/16/2017, [Insert       Federal Reg-     Replaced ‘‘West Virginia Depart-
                                                                                Rules.                                                       ister Citation].                           ment of Environmental Protec-
                                                                                                                                                                                        tion’’ with ‘‘Division of Air Qual-
                                                                                                                                                                                        ity’’.

                                                           *                         *                            *                           *                       *                      *                     *



                                                *      *       *       *      *                                DATES:  This rule will be effective                          I. Background
                                                [FR Doc. 2017–22254 Filed 10–13–17; 8:45 am]                   November 15, 2017.                                              By statute, SIPs meeting the
                                                BILLING CODE 6560–50–P                                         ADDRESSES: EPA has established a                             requirements of sections 110(a)(1) and
                                                                                                               docket for this action under Docket                          (2) of the CAA are to be submitted by
                                                                                                               Identification No. EPA–R04–OAR–                              states within three years after
                                                ENVIRONMENTAL PROTECTION                                       2017–0079. All documents in the docket                       promulgation of a new or revised
                                                AGENCY                                                         are listed on the www.regulations.gov                        NAAQS to provide for the
                                                                                                               Web site. Although listed in the index,                      implementation, maintenance, and
                                                40 CFR Part 52                                                 some information may not be publicly                         enforcement of the new or revised
                                                [EPA–R04–OAR–2017–0079; FRL–9969–20–                           available, i.e., Confidential Business                       NAAQS. EPA has historically referred to
                                                Region 4]                                                      Information or other information whose                       these SIP submissions made for the
                                                                                                               disclosure is restricted by statute.                         purpose of satisfying the requirements
                                                Air Plan Approval; Florida; Interstate                         Certain other material, such as
                                                Transport (Prongs 1 and 2) for the 2010                                                                                     of sections 110(a)(1) and 110(a)(2) as
                                                                                                               copyrighted material, is not placed on                       ‘‘infrastructure SIP’’ submissions.
                                                1-hour NO2 Standard                                            the Internet and will be publicly                            Sections 110(a)(1) and (2) require states
                                                AGENCY:  Environmental Protection                              available only in hard copy form.                            to address basic SIP elements such as
                                                Agency (EPA).                                                  Publicly available docket materials are                      requirements for monitoring, basic
                                                                                                               available either electronically through                      program requirements, and legal
                                                ACTION: Final rule.
                                                                                                               www.regulations.gov or in hard copy at                       authority that are designed to assure
                                                SUMMARY:   The Environmental Protection                        the Air Regulatory Management Section,                       attainment and maintenance of the
                                                Agency (EPA) is taking final action to                         Air Planning and Implementation                              newly established or revised NAAQS.
                                                approve a revision to the Florida State                        Branch, Air, Pesticides and Toxics                           More specifically, section 110(a)(1)
                                                Implementation Plan (SIP), submitted                           Management Division, U.S.                                    provides the procedural and timing
                                                by the Florida Department of                                   Environmental Protection Agency,                             requirements for infrastructure SIPs.
                                                Environmental Protection, on February                          Region 4, 61 Forsyth Street SW.,                             Section 110(a)(2) lists specific elements
                                                3, 2017, addressing the Clean Air Act                          Atlanta, Georgia 30303–8960. EPA                             that states must meet for the
                                                (CAA or Act) interstate transport                              requests that if at all possible, you                        infrastructure SIP requirements related
                                                (prongs 1 and 2) infrastructure SIP                            contact the person listed in the FOR                         to a newly established or revised
                                                requirements for the 2010 1-hour                               FURTHER INFORMATION CONTACT section to                       NAAQS. The contents of an
                                                Nitrogen Dioxide (NO2) National                                schedule your inspection. The Regional                       infrastructure SIP submission may vary
                                                Ambient Air Quality Standard                                   Office’s official hours of business are                      depending upon the data and analytical
                                                (NAAQS). The CAA requires that each                            Monday through Friday 8:30 a.m. to                           tools available to the state, as well as the
                                                state adopt and submit a SIP for the                           4:30 p.m., excluding Federal holidays.                       provisions already contained in the
                                                implementation, maintenance, and                               FOR FURTHER INFORMATION CONTACT:                             state’s implementation plan at the time
                                                enforcement of each NAAQS                                      Andres Febres of the Air Regulatory                          in which the state develops and submits
                                                promulgated by EPA, commonly                                   Management Section, Air Planning and                         the submission for a new or revised
                                                referred to as an ‘‘infrastructure SIP.’’                      Implementation Branch, Air, Pesticides                       NAAQS.
                                                Specifically, EPA is taking final action                       and Toxics Management Division, U.S.                            Section 110(a)(2)(D) has two
jstallworth on DSKBBY8HB2PROD with RULES




                                                to approve Florida’s February 3, 2017,                         Environmental Protection Agency,                             components: 110(a)(2)(D)(i) and
                                                SIP submission addressing prongs 1 and                         Region 4, 61 Forsyth Street SW.,                             110(a)(2)(D)(ii). Section 110(a)(2)(D)(i)
                                                2 to ensure that air emissions in the                          Atlanta, Georgia 30303–8960. Mr.                             includes four distinct components,
                                                State do not significantly contribute to                       Febres can be reached by telephone at                        commonly referred to as ‘‘prongs,’’ that
                                                nonattainment or interfere with                                (404) 562–8966 or via electronic mail at                     must be addressed in infrastructure SIP
                                                maintenance of the 2010 1-hour NO2                             febres-martinez.andres@epa.gov.                              submissions. The first two prongs,
                                                NAAQS in any other state.                                      SUPPLEMENTARY INFORMATION:                                   which are codified in section


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Document Created: 2017-10-14 01:42:57
Document Modified: 2017-10-14 01:42:57
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
ActionDirect final rule.
DatesThis rule is effective on December 15, 2017 without further notice, unless EPA receives adverse written comment by November 15, 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.
ContactJoseph Schulingkamp, (215) 814-2021, or by email at [email protected]
FR Citation82 FR 47981 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides

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