82 FR 57418 - Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Removal of Source-Specific Requirements for Permanently Shutdown Facilities
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 232 (December 5, 2017)
Federal Register Volume 82, Issue 232 (December 5, 2017)
| Page Range | 57418-57419 | |
| FR Document | 2017-26183 |
[Federal Register Volume 82, Number 232 (Tuesday, December 5, 2017)] [Proposed Rules] [Pages 57418-57419] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26183] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2017-0555; FRL-9971-57-Region 3] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Removal of Source-Specific Requirements for Permanently Shutdown Facilities AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of West Virginia. This revision pertains to the removal of source-specific SIP requirements for the following five facilities in West Virginia that have permanently shutdown: Mountaineer Carbon Company; Standard Lafarge; Follansbee Steel Corporation; International Mill Service, Inc.; and Columbian Chemicals Company. These sources have permanently ceased operation; therefore, SIP requirements for these sources are obsolete and no longer necessary for attaining and maintaining the national ambient air quality standards (NAAQS). This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before January 4, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03- OAR-2017-0555 at http://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: Irene Shandruk, (215) 814-2166, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background The West Virginia SIP at 40 Code of Federal Regulations (CFR) part 52, subpart XX, Sec. 52.2520(d) contains source-specific requirements, which were incorporated into the West Virginia SIP over the course of many years to allow the State to demonstrate attainment with various NAAQS. Subsequently, several of these sources have permanently ceased operation rendering source-specific requirements for these facilities obsolete. SIP revisions pertaining to the removal of obsolete SIP requirements for sources that have permanently shutdown are considered administrative, non-substantive changes. If a source has permanently shutdown, the emissions are permanently reduced to zero, so removing source-specific SIP requirements for that source will not interfere with attainment and maintenance of any NAAQS, reasonable further progress or any other applicable CAA requirement. See CAA section 110(l). II. Summary of SIP Revision and EPA Analysis On August 25, 2017, West Virginia submitted a SIP revision requesting that the consent orders for the sources listed in Table 1 be removed from the West Virginia SIP located at 40 CFR part 52, subpart XX, Sec. 52.2520(d). Table 1--Source-Specific Requirements Proposed for Removal From the West Virginia SIP ---------------------------------------------------------------------------------------------------------------- EPA Approval date/ Source name Order State Federal Register (FR) effective date citation ---------------------------------------------------------------------------------------------------------------- Mountaineer Carbon Company............... Consent Order............... 7/2/82 9/1/82, 47 FR 38532 Standard Lafarge......................... Consent Order............... 11/14/91 7/25/94, CO-SIP-91-30................ 59 FR 37696 Follansbee Steel Corporation............. Consent Order............... 11/14/91 7/25/94, CO-SIP-91-31................ 59 FR 37696 International Mill Service, Inc.......... Consent Order............... 11/14/91 7/25/94, CO-SIP-91-33................ 59 FR 37696 Columbian Chemicals Company.............. Consent Order............... 1/31/00 8/2/00, CO-SIP-2000-3............... 65 FR 47339 ---------------------------------------------------------------------------------------------------------------- [[Page 57419]] According to West Virginia, the five facilities listed in Table 1 have permanently shutdown and ceased operation. West Virginia's August 25, 2017 submittal lists the dates of facility closures and closure inspections, and provides relevant documentation verifying the permanent closure of these sources (see Table 2). EPA has confirmed that all permits, where applicable, have been surrendered and are inactive (see Table 2). Because these five sources have permanently ceased operation and their emissions have been permanently reduced to zero, their source-specific SIP requirements have been rendered obsolete. Table 2--Closure Dates and Closure Inspection Dates for Five Permanently Shutdown Facilities -------------------------------------------------------------------------------------------------------------------------------------------------------- Verification of closure Source name Source location Title V Permanent inspection Permit surrendered facility closure date conducted by West Virginia -------------------------------------------------------------------------------------------------------------------------------------------------------- Mountaineer Carbon Company............. Marshall County........... Yes 10/9/2015 6/2/2017 Yes. Standard Lafarge....................... Hancock County............ No 7/20/2011 6/2/2017 Yes. Follansbee Steel Corporation........... Brooke County............. No 7/12/2012 5/31/2017 Not applicable.\1\ International Mill Service, Inc........ Brooke County............. No 6/27/2000 5/31/2017 Not applicable.\2\ Columbian Chemicals Company............ Marshall County........... Yes 10/9/2015 6/2/2017 Yes. -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\ Follansbee Steel Corporation was grandfathered into the West Virginia Department of Environmental Protection--Division of Air Quality's (WVDEP--DAQ) permitting program. Therefore, no permits were ever issued for this facility. \2\ International Mill Service, Inc. was grandfathered into the WVDEP--DAQ permitting program. Therefore, no permits were ever issued for this facility. III. Proposed Action EPA has reviewed West Virginia's SIP revision seeking removal of obsolete source-specific SIP requirements from the West Virginia SIP. These five sources have permanently ceased operation, rendering source- specific SIP requirements for these sources obsolete. EPA has confirmed that all permits have been surrendered and are inactive. Therefore, EPA is proposing to approve the West Virginia August 25, 2017 SIP revision, which sought removal of source-specific revisions related to five now closed facilities in accordance with section 110 of the CAA. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. IV. Statutory and Executive Order Reviews 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 proposed 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); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; 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 proposed rule, pertaining to removal of source- specific requirements 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. 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, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: November 22, 2017. Cosmo Servidio, Regional Administrator, Region III. [FR Doc. 2017-26183 Filed 12-4-17; 8:45 am] BILLING CODE 6560-50-P
![57418 Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Proposed Rules
methods, under Executive Order 12898 state implementation plan (SIP) revision INFORMATION CONTACT section. For the
(59 FR 7629, February 16, 1994). submitted by the State of West Virginia. full EPA public comment policy,
In addition, the SIP is not approved This revision pertains to the removal of information about CBI or multimedia
to apply on any Indian reservation land source-specific SIP requirements for the submissions, and general guidance on
or in any other area where EPA or an following five facilities in West Virginia making effective comments, please visit
Indian tribe has demonstrated that a that have permanently shutdown: http://www2.epa.gov/dockets/
tribe has jurisdiction. In those areas of Mountaineer Carbon Company; commenting-epa-dockets.
Indian country, the rule does not have Standard Lafarge; Follansbee Steel FOR FURTHER INFORMATION CONTACT:
tribal implications and will not impose Corporation; International Mill Service, Irene Shandruk, (215) 814–2166, or by
substantial direct costs on tribal Inc.; and Columbian Chemicals email at shandruk.irene@epa.gov.
governments or preempt tribal law as Company. These sources have
SUPPLEMENTARY INFORMATION:
specified by Executive Order 13175 (65 permanently ceased operation;
FR 67249, November 9, 2000). therefore, SIP requirements for these I. Background
List of Subjects in 40 CFR Part 52 sources are obsolete and no longer
The West Virginia SIP at 40 Code of
necessary for attaining and maintaining
Environmental protection, Air Federal Regulations (CFR) part 52,
the national ambient air quality
pollution control, Carbon monoxide, subpart XX, § 52.2520(d) contains
standards (NAAQS). This action is being
Incorporation by reference, source-specific requirements, which
taken under the Clean Air Act (CAA).
Intergovernmental relations, Lead, were incorporated into the West
DATES: Written comments must be Virginia SIP over the course of many
Nitrogen dioxide, Ozone, Particulate
received on or before January 4, 2018. years to allow the State to demonstrate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile ADDRESSES: Submit your comments, attainment with various NAAQS.
organic compounds. identified by Docket ID No. EPA–R03– Subsequently, several of these sources
OAR–2017–0555 at http:// have permanently ceased operation
Dated: November 13, 2017. www.regulations.gov, or via email to rendering source-specific requirements
Deborah A. Szaro, pino.maria@epa.gov. For comments for these facilities obsolete.
Acting Regional Administrator, EPA New submitted at Regulations.gov, follow the SIP revisions pertaining to the
England. online instructions for submitting removal of obsolete SIP requirements for
[FR Doc. 2017–26182 Filed 12–4–17; 8:45 am] comments. Once submitted, comments sources that have permanently
BILLING CODE 6560–50–P cannot be edited or removed from shutdown are considered
Regulations.gov. For either manner of administrative, non-substantive
submission, EPA may publish any changes. If a source has permanently
ENVIRONMENTAL PROTECTION comment received to its public docket. shutdown, the emissions are
AGENCY Do not submit electronically any permanently reduced to zero, so
information you consider to be removing source-specific SIP
40 CFR Part 52
confidential business information (CBI) requirements for that source will not
[EPA–R03–OAR–2017–0555; FRL–9971–57– or other information whose disclosure is interfere with attainment and
Region 3] restricted by statute. Multimedia maintenance of any NAAQS, reasonable
submissions (audio, video, etc.) must be further progress or any other applicable
Approval and Promulgation of Air accompanied by a written comment. CAA requirement. See CAA section
Quality Implementation Plans; West The written comment is considered the 110(l).
Virginia; Removal of Source-Specific official comment and should include
Requirements for Permanently discussion of all points you wish to II. Summary of SIP Revision and EPA
Shutdown Facilities make. EPA will generally not consider Analysis
AGENCY: Environmental Protection comments or comment contents located On August 25, 2017, West Virginia
Agency (EPA). outside of the primary submission (i.e. submitted a SIP revision requesting that
ACTION: Proposed rule. on the web, cloud, or other file sharing the consent orders for the sources listed
system). For additional submission in Table 1 be removed from the West
SUMMARY: The Environmental Protection methods, please contact the person Virginia SIP located at 40 CFR part 52,
Agency (EPA) is proposing to approve a identified in the FOR FURTHER subpart XX, § 52.2520(d).
TABLE 1—SOURCE-SPECIFIC REQUIREMENTS PROPOSED FOR REMOVAL FROM THE WEST VIRGINIA SIP
EPA Approval date/
State effective
Source name Order Federal Register (FR)
date citation
Mountaineer Carbon Company ............................ Consent Order ...................................................... 7/2/82 9/1/82,
47 FR 38532
Standard Lafarge .................................................. Consent Order ...................................................... 11/14/91 7/25/94,
CO–SIP–91–30 .................................................... 59 FR 37696
Follansbee Steel Corporation ............................... Consent Order ...................................................... 11/14/91 7/25/94,
sradovich on DSK3GMQ082PROD with PROPOSALS
CO–SIP–91–31 .................................................... 59 FR 37696
International Mill Service, Inc ............................... Consent Order ...................................................... 11/14/91 7/25/94,
CO–SIP–91–33 .................................................... 59 FR 37696
Columbian Chemicals Company .......................... Consent Order ...................................................... 1/31/00 8/2/00,
CO–SIP–2000–3 .................................................. 65 FR 47339
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![Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Proposed Rules 57419
According to West Virginia, the five provides relevant documentation five sources have permanently ceased
facilities listed in Table 1 have verifying the permanent closure of these operation and their emissions have been
permanently shutdown and ceased sources (see Table 2). EPA has permanently reduced to zero, their
operation. West Virginia’s August 25, confirmed that all permits, where source-specific SIP requirements have
2017 submittal lists the dates of facility applicable, have been surrendered and been rendered obsolete.
closures and closure inspections, and are inactive (see Table 2). Because these
TABLE 2—CLOSURE DATES AND CLOSURE INSPECTION DATES FOR FIVE PERMANENTLY SHUTDOWN FACILITIES
Verification of
closure
Permanent
Source name Source location Title V facility inspection Permit surrendered
closure date conducted by
West Virginia
Mountaineer Carbon Company ... Marshall County ........................... Yes 10/9/2015 6/2/2017 Yes.
Standard Lafarge ......................... Hancock County .......................... No 7/20/2011 6/2/2017 Yes.
Follansbee Steel Corporation ...... Brooke County ............................. No 7/12/2012 5/31/2017 Not applicable.1
International Mill Service, Inc ...... Brooke County ............................. No 6/27/2000 5/31/2017 Not applicable.2
Columbian Chemicals Company Marshall County ........................... Yes 10/9/2015 6/2/2017 Yes.
1 Follansbee Steel Corporation was grandfathered into the West Virginia Department of Environmental Protection—Division of Air Quality’s
(WVDEP—DAQ) permitting program. Therefore, no permits were ever issued for this facility.
2 International Mill Service, Inc. was grandfathered into the WVDEP—DAQ permitting program. Therefore, no permits were ever issued for this
facility.
III. Proposed Action • Is not an Executive Order 13771 (82 SIP, does not have tribal implications as
FR 9339, February 2, 2017) regulatory specified by Executive Order 13175 (65
EPA has reviewed West Virginia’s SIP action because SIP approvals are FR 67249, November 9, 2000), because
revision seeking removal of obsolete exempted under Executive Order 12866; the SIP is not approved to apply in
source-specific SIP requirements from • Does not impose an information Indian country located in the state, and
the West Virginia SIP. These five collection burden under the provisions EPA notes that it will not impose
sources have permanently ceased of the Paperwork Reduction Act (44 substantial direct costs on tribal
operation, rendering source-specific SIP U.S.C. 3501 et seq.); governments or preempt tribal law.
requirements for these sources obsolete. • Is certified as not having a
EPA has confirmed that all permits have significant economic impact on a List of Subjects in 40 CFR Part 52
been surrendered and are inactive. substantial number of small entities Environmental protection, Air
Therefore, EPA is proposing to approve under the Regulatory Flexibility Act (5 pollution control, Carbon monoxide,
the West Virginia August 25, 2017 SIP U.S.C. 601 et seq.); Incorporation by reference, Lead,
revision, which sought removal of • Does not contain any unfunded Nitrogen dioxide, Ozone, Particulate
source-specific revisions related to five mandate or significantly or uniquely matter, Reporting and recordkeeping
now closed facilities in accordance with affect small governments, as described requirements, Sulfur oxides, Volatile
section 110 of the CAA. EPA is in the Unfunded Mandates Reform Act organic compounds.
soliciting public comments on the of 1995 (Pub. L. 104–4); Authority: 42 U.S.C. 7401 et seq.
issues discussed in this document. • Does not have federalism
These comments will be considered implications as specified in Executive Dated: November 22, 2017.
before taking final action. Order 13132 (64 FR 43255, August 10, Cosmo Servidio,
1999); Regional Administrator, Region III.
IV. Statutory and Executive Order • Is not an economically significant [FR Doc. 2017–26183 Filed 12–4–17; 8:45 am]
Reviews regulatory action based on health or BILLING CODE 6560–50–P
Under the CAA, the Administrator is safety risks subject to Executive Order
required to approve a SIP submission 13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action DEPARTMENT OF COMMERCE
that complies with the provisions of the
subject to Executive Order 13211 (66 FR
CAA and applicable federal regulations.
28355, May 22, 2001); National Oceanic and Atmospheric
42 U.S.C. 7410(k); 40 CFR 52.02(a).
• Is not subject to requirements of Administration
Thus, in reviewing SIP submissions,
section 12(d) of the National
EPA’s role is to approve state choices,
Technology Transfer and Advancement 50 CFR Part 600
provided that they meet the criteria of
Act of 1995 (15 U.S.C. 272 note) because
the CAA. Accordingly, this action [Docket No. 160908833–7999–01]
application of those requirements would
merely approves state law as meeting
be inconsistent with the CAA; and RIN 0648–BG34
federal requirements and does not • Does not provide EPA with the
impose additional requirements beyond discretionary authority to address, as Requirements of the Vessel Monitoring
sradovich on DSK3GMQ082PROD with PROPOSALS
those imposed by state law. For that appropriate, disproportionate human System Type-Approval
reason, this proposed action: health or environmental effects, using AGENCY: National Marine Fisheries
• Is not a ‘‘significant regulatory practicable and legally permissible Service (NMFS), National Oceanic and
action’’ subject to review by the Office methods, under Executive Order 12898 Atmospheric Administration (NOAA),
of Management and Budget under (59 FR 7629, February 16, 1994). Commerce.
Executive Orders 12866 (58 FR 51735, In addition, this proposed rule,
ACTION: Proposed rule; request for
October 4, 1993) and 13563 (76 FR 3821, pertaining to removal of source-specific
comments.
January 21, 2011); requirements from the West Virginia
VerDate Sep<11>2014 19:11 Dec 04, 2017 Jkt 244001 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 E:\FR\FM\05DEP1.SGM 05DEP1](https://thefederalregister.org/doc/82_FR_57650/page/2.svg)
Document Created: 2017-12-04 23:44:30
Document Modified: 2017-12-04 23:44:30
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before January 4, 2018. | |
| Contact | Irene Shandruk, (215) 814-2166, or by email at [email protected] | |
| FR Citation | 82 FR 57418 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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