83_FR_11940 83 FR 11887 - Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Removal of Source-Specific Requirements for Permanently Shutdown Facilities

83 FR 11887 - 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 83, Issue 53 (March 19, 2018)

Page Range11887-11889
FR Document2018-05404

The Environmental Protection Agency (EPA) is approving 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). EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 83 Issue 53 (Monday, March 19, 2018)
[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]
[Rules and Regulations]
[Pages 11887-11889]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05404]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0555; FRL-9975-64-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: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving 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). EPA is approving this 
revision in accordance with the requirements of the Clean Air Act 
(CAA).

DATES: This final rule is effective on April 18, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2017-0555. All documents in the docket are listed on 
the http://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available through 
http://www.regulations.gov, or please contact the person identified in 
the ``For Further Information Contact'' section for additional 
availability information.

FOR FURTHER INFORMATION CONTACT: 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, section 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, section 52.2520(d). On December 5, 2017, EPA published a notice of 
proposed rulemaking (NPR) proposing to approve West Virginia's August 
25, 2017 (82 FR 57418) SIP revision.

              Table 1--Source-Specific Requirements Proposed for Removal From the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
                                                                   State      EPA approval date/Federal Register
             Source name                       Order          effective date             (FR) citation
----------------------------------------------------------------------------------------------------------------
Mountaineer Carbon Company..........  Consent Order.........          7/2/82  9/1/82, 47 FR 38532.
Standard Lafarge....................  Consent Order CO-SIP-         11/14/91  7/25/94, 59 FR 37696.
                                       91-30.
Follansbee Steel Corporation........  Consent Order CO-SIP-         11/14/91  7/25/94, 59 FR 37696.
                                       91-31.
International Mill Service, Inc.....  Consent Order CO-SIP-         11/14/91  7/25/94, 59 FR 37696.
                                       91-33.
Columbian Chemicals Company.........  Consent Order CO-SIP-          1/31/00  8/2/00, 65 FR 47339
                                       2000-3.
----------------------------------------------------------------------------------------------------------------

III. Public Comments and EPA's Responses

    EPA received six public comments on the NPR to approve West 
Virginia's SIP revision.
    Comment 1: The commenter expressed concern over whether the 
facilities' emissions would be regulated through monitoring and 
guidelines if they were to re-open.
    Response 1: CAA section 110(a)(2)(c) and Title I, Parts C and D, as 
well as CAA sections 172, 173, and 161 require states to implement 
permit programs consistent with the requirements of the CAA which 
regulate construction and modification of stationary sources to assure 
the NAAQS are achieved. These include nonattainment new source review 
(NSR) and prevention of significant deterioration (PSD) permit 
programs. West Virginia has federally enforceable NSR and PSD permit 
programs incorporated in the West Virginia SIP. See 45CSR19 (NSR 
program approved 80 FR 29973(May 26, 2015)), 45CSR14 (PSD program 
approved 81 FR 53009 (August 11, 2016)), and 45CSR13 (minor source NSR 
program approved 79 FR 42213 (July 21, 2014)). All of the facilities 
listed in the NPR were permanently shut down, but if any were to re-
open, or if any new sources were to start operating in West Virginia in 
the same location, they would need to comply with the requirements of 
West Virginia's permit programs, as applicable including NSR, PSD or 
minor NSR. Specifically, West Virginia's rule 45CSR14, ``Permits for 
the Construction and Major Modification of Major Stationary Sources of 
Air Pollution for the Prevention of Significant Deterioration,'' was 
approved into the West Virginia SIP in 1984 and subsequently revised 
several times with the latest revision to the SIP in 2015 (81 FR 
53009). West Virginia's rule 45CSR13, ``Permits for Construction, 
Modification, or Relocation of Stationary Sources of Air Pollutants, 
and Procedures for Registration and Evaluation,'' requiring

[[Page 11888]]

construction or modification permits for all regulated stationary 
emission sources was approved into the West Virginia SIP in 1972 and 
last updated in 2014 (79 FR 42213). West Virginia's rule 45CSR19, 
``Requirements for Pre-Construction Review, Determination of Emission 
Offsets for Proposed New or Modified Stationary Sources of Air 
Pollutants and Bubble Concept for Intra-Source Pollutants,'' for 
permitting of major sources and modifications in designated 
nonattainment areas was approved into the West Virginia SIP in 1985 (50 
FR 27247) with recent revisions to the rule included in the SIP in 2015 
(80 FR 29973). These federally enforceable rules approved into the West 
Virginia SIP ensure that pollutant-emitting sources are regulated with 
appropriate and required emission limitations and monitoring 
requirements as necessary, and that their operation will not prevent 
West Virginia from attaining or maintaining the NAAQS.
    Comment 2: The commenter expressed concern that wildfires are 
negatively impacting both public health and the environment, and that 
more should be done to prevent wildfires.
    Response 2: This comment is irrelevant to this rulemaking. This 
rulemaking is concerned with removing source-specific requirements from 
the SIP for permanently shut down facilities in West Virginia. As the 
comment is neither supportive of, critical of, nor specific to this 
action, no further response is provided.
    Comment 3: The commenter questioned why the United States is 
importing gas from Nigeria at Cove Point hurting the American middle 
class and the working poor.
    Response 3: This comment is irrelevant to this rulemaking. This 
rulemaking is concerned with removing source-specific requirements from 
the SIP for permanently shut down facilities in West Virginia. As the 
comment is neither supportive of, critical of, nor specific to this 
action, no further response is provided.
    Comment 4: The commenter expressed concern over unnecessary and 
burdensome regulations, and the regulatory process.
    Response 4: As the comment is neither supportive of, critical of, 
nor specific to this action, no response is provided. This rulemaking 
is concerned with removing source-specific requirements from the SIP 
for permanently shut down facilities in West Virginia.
    Comment 5: The commenter expresses concern over potentially harmful 
health effects from low frequency electro-magnetic fields and discusses 
how their use in automobiles amongst other things could be harmful to 
human health.
    Response 5: This comment is irrelevant to this rulemaking. This 
rulemaking is concerned with removing source-specific requirements from 
the SIP for permanently shut down facilities in West Virginia. As the 
comment is neither supportive of, critical of, nor specific to this 
action, no further response is provided.
    Comment 6: The commenter asserts that EPA relied on assumptions and 
false evidence to lead attacks on hydraulic fracturing, and utilized 
the film industry to create anti-fracking films, all to justify 
regulating the industry.
    Response 6: This comment is irrelevant to this rulemaking. This 
rulemaking is concerned with removing source-specific requirements from 
the SIP for permanently shut down facilities in West Virginia. As the 
comment is neither supportive of, critical of, nor specific to this 
action, no further response is provided.

IV. Final 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 approving 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. As the five 
sources permanently shutdown, their emissions are permanently 
eliminated, so removing the source-specific SIP requirements for these 
sources will not interfere with attainment and maintenance of any 
NAAQS, reasonable further progress or any other applicable CAA 
requirement in accordance with CAA section 110(l).

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);
     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 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

[[Page 11889]]

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. Section 804, however, exempts 
from section 801 the following types of rules: Rules of particular 
applicability; rules relating to agency management or personnel; and 
rules of agency organization, procedure, or practice that do not 
substantially affect the rights or obligations of non-agency parties. 5 
U.S.C. 804(3). Because this is a rule of particular applicability, EPA 
is not required to submit a rule report regarding this action under 
section 801.

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 May 18, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action pertaining to removal of source-specific 
requirements from the West Virginia SIP 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, 
Volatile organic compounds.

    Dated: March 6, 2018.
Cosmo Servidio,
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 table in paragraph (d) is amended by removing 
the entries for ``Mountaineer Carbon Co,'' ``Standard Lafarge,'' 
``Follansbee Steel Corp,'' ``International Mill Service, Inc,'' and 
``Columbian Chemicals Company.''

[FR Doc. 2018-05404 Filed 3-16-18; 8:45 am]
BILLING CODE 6560-50-P



                                                                       Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Rules and Regulations                                                                       11887

                                              [FR Doc. 2018–05317 Filed 3–16–18; 8:45 am]                           the national ambient air quality                                    were incorporated into the West
                                              BILLING CODE 6560–50–P                                                standards (NAAQS). EPA is approving                                 Virginia SIP over the course of many
                                                                                                                    this revision in accordance with the                                years to allow the State to demonstrate
                                                                                                                    requirements of the Clean Air Act                                   attainment with various NAAQS.
                                              ENVIRONMENTAL PROTECTION                                              (CAA).                                                              Subsequently, several of these sources
                                              AGENCY                                                                DATES: This final rule is effective on                              have permanently ceased operation
                                                                                                                    April 18, 2018.                                                     rendering source-specific requirements
                                              40 CFR Part 52                                                                                                                            for these facilities obsolete.
                                                                                                                    ADDRESSES: EPA has established a
                                              [EPA–R03–OAR–2017–0555; FRL–9975–64–                                  docket for this action under Docket ID                                 SIP revisions pertaining to the
                                              Region 3]                                                             Number EPA–R03–OAR–2017–0555. All                                   removal of obsolete SIP requirements for
                                                                                                                    documents in the docket are listed on                               sources that have permanently
                                              Approval and Promulgation of Air                                                                                                          shutdown are considered
                                                                                                                    the http://www.regulations.gov website.
                                              Quality Implementation Plans; West                                                                                                        administrative, non-substantive
                                                                                                                    Although listed in the index, some
                                              Virginia; Removal of Source-Specific                                                                                                      changes. If a source has permanently
                                                                                                                    information is not publicly available,
                                              Requirements for Permanently                                                                                                              shutdown, the emissions are
                                                                                                                    e.g., confidential business information
                                              Shutdown Facilities                                                                                                                       permanently reduced to zero, so
                                                                                                                    (CBI) or other information whose
                                              AGENCY:  Environmental Protection                                     disclosure is restricted by statute.                                removing source-specific SIP
                                              Agency (EPA).                                                         Certain other material, such as                                     requirements for that source will not
                                              ACTION: Final rule.                                                   copyrighted material, is not placed on                              interfere with attainment and
                                                                                                                    the internet and will be publicly                                   maintenance of any NAAQS, reasonable
                                              SUMMARY:   The Environmental Protection                               available only in hard copy form.                                   further progress or any other applicable
                                              Agency (EPA) is approving a state                                     Publicly available docket materials are                             CAA requirement. See CAA section
                                              implementation plan (SIP) revision                                    available through http://                                           110(l).
                                              submitted by the State of West Virginia.                              www.regulations.gov, or please contact                              II. Summary of SIP Revision and EPA
                                              This revision pertains to the removal of                              the person identified in the ‘‘For Further                          Analysis
                                              source-specific SIP requirements for the                              Information Contact’’ section for
                                              following five facilities in West Virginia                            additional availability information.                                  On August 25, 2017, West Virginia
                                              that have permanently shutdown:                                       FOR FURTHER INFORMATION CONTACT:                                    submitted a SIP revision requesting that
                                              Mountaineer Carbon Company;                                           Irene Shandruk, (215) 814–2166, or by                               the consent orders for the sources listed
                                              Standard Lafarge; Follansbee Steel                                    email at shandruk.irene@epa.gov.                                    in Table 1 be removed from the West
                                              Corporation; International Mill Service,                              SUPPLEMENTARY INFORMATION:                                          Virginia SIP located at 40 CFR part 52,
                                              Inc.; and Columbian Chemicals                                                                                                             subpart XX, section 52.2520(d). On
                                              Company. These sources have                                           I. Background                                                       December 5, 2017, EPA published a
                                              permanently ceased operation;                                            The West Virginia SIP at 40 Code of                              notice of proposed rulemaking (NPR)
                                              therefore, SIP requirements for these                                 Federal Regulations (CFR) part 52,                                  proposing to approve West Virginia’s
                                              sources are obsolete and no longer                                    subpart XX, section 52.2520(d) contains                             August 25, 2017 (82 FR 57418) SIP
                                              necessary for attaining and maintaining                               source-specific requirements, which                                 revision.

                                                              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   CO–SIP–91–30 ..                      11/14/91    7/25/94, 59 FR 37696.
                                              Follansbee Steel Corporation ............................................................          Consent   Order   CO–SIP–91–31 ..                      11/14/91    7/25/94, 59 FR 37696.
                                              International Mill Service, Inc. ...........................................................       Consent   Order   CO–SIP–91–33 ..                      11/14/91    7/25/94, 59 FR 37696.
                                              Columbian Chemicals Company .......................................................                Consent   Order   CO–SIP–2000–3                         1/31/00    8/2/00, 65 FR 47339



                                              III. Public Comments and EPA’s                                        assure the NAAQS are achieved. These                                would need to comply with the
                                              Responses                                                             include nonattainment new source                                    requirements of West Virginia’s permit
                                                                                                                    review (NSR) and prevention of                                      programs, as applicable including NSR,
                                                EPA received six public comments on                                 significant deterioration (PSD) permit                              PSD or minor NSR. Specifically, West
                                              the NPR to approve West Virginia’s SIP                                programs. West Virginia has federally                               Virginia’s rule 45CSR14, ‘‘Permits for
                                              revision.                                                             enforceable NSR and PSD permit                                      the Construction and Major
                                                Comment 1: The commenter                                            programs incorporated in the West                                   Modification of Major Stationary
                                              expressed concern over whether the                                    Virginia SIP. See 45CSR19 (NSR                                      Sources of Air Pollution for the
                                              facilities’ emissions would be regulated                              program approved 80 FR 29973(May 26,                                Prevention of Significant Deterioration,’’
                                              through monitoring and guidelines if                                  2015)), 45CSR14 (PSD program                                        was approved into the West Virginia SIP
                                              they were to re-open.                                                 approved 81 FR 53009 (August 11,                                    in 1984 and subsequently revised
nshattuck on DSK9F9SC42PROD with RULES




                                                Response 1: CAA section 110(a)(2)(c)                                2016)), and 45CSR13 (minor source NSR                               several times with the latest revision to
                                              and Title I, Parts C and D, as well as                                program approved 79 FR 42213 (July 21,                              the SIP in 2015 (81 FR 53009). West
                                              CAA sections 172, 173, and 161 require                                2014)). All of the facilities listed in the                         Virginia’s rule 45CSR13, ‘‘Permits for
                                              states to implement permit programs                                   NPR were permanently shut down, but                                 Construction, Modification, or
                                              consistent with the requirements of the                               if any were to re-open, or if any new                               Relocation of Stationary Sources of Air
                                              CAA which regulate construction and                                   sources were to start operating in West                             Pollutants, and Procedures for
                                              modification of stationary sources to                                 Virginia in the same location, they                                 Registration and Evaluation,’’ requiring


                                         VerDate Sep<11>2014       14:37 Mar 16, 2018        Jkt 244001     PO 00000       Frm 00043      Fmt 4700   Sfmt 4700     E:\FR\FM\19MRR1.SGM             19MRR1


                                              11888              Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Rules and Regulations

                                              construction or modification permits for                discusses how their use in automobiles                Federal requirements and does not
                                              all regulated stationary emission sources               amongst other things could be harmful                 impose additional requirements beyond
                                              was approved into the West Virginia SIP                 to human health.                                      those imposed by State law. For that
                                              in 1972 and last updated in 2014 (79 FR                    Response 5: This comment is                        reason, this action:
                                              42213). West Virginia’s rule 45CSR19,                   irrelevant to this rulemaking. This                      • Is not a ‘‘significant regulatory
                                              ‘‘Requirements for Pre-Construction                     rulemaking is concerned with removing                 action’’ subject to review by the Office
                                              Review, Determination of Emission                       source-specific requirements from the                 of Management and Budget under
                                              Offsets for Proposed New or Modified                    SIP for permanently shut down facilities              Executive Orders 12866 (58 FR 51735,
                                              Stationary Sources of Air Pollutants and                in West Virginia. As the comment is                   October 4, 1993) and 13563 (76 FR 3821,
                                              Bubble Concept for Intra-Source                         neither supportive of, critical of, nor               January 21, 2011);
                                              Pollutants,’’ for permitting of major                   specific to this action, no further                      • is not an Executive Order 13771 (82
                                              sources and modifications in designated                 response is provided.                                 FR 9339, February 2, 2017) regulatory
                                              nonattainment areas was approved into                      Comment 6: The commenter asserts                   action because SIP approvals are
                                              the West Virginia SIP in 1985 (50 FR                    that EPA relied on assumptions and                    exempted under Executive Order 12866.
                                              27247) with recent revisions to the rule                false evidence to lead attacks on                        • does not impose an information
                                              included in the SIP in 2015 (80 FR                      hydraulic fracturing, and utilized the                collection burden under the provisions
                                              29973). These federally enforceable                     film industry to create anti-fracking                 of the Paperwork Reduction Act (44
                                              rules approved into the West Virginia                   films, all to justify regulating the                  U.S.C. 3501 et seq.);
                                              SIP ensure that pollutant-emitting                      industry.                                                • is certified as not having a
                                              sources are regulated with appropriate                     Response 6: This comment is                        significant economic impact on a
                                              and required emission limitations and                   irrelevant to this rulemaking. This                   substantial number of small entities
                                              monitoring requirements as necessary,                   rulemaking is concerned with removing                 under the Regulatory Flexibility Act (5
                                              and that their operation will not prevent               source-specific requirements from the                 U.S.C. 601 et seq.);
                                              West Virginia from attaining or                         SIP for permanently shut down facilities                 • does not contain any unfunded
                                              maintaining the NAAQS.                                  in West Virginia. As the comment is                   mandate or significantly or uniquely
                                                 Comment 2: The commenter                             neither supportive of, critical of, nor               affect small governments, as described
                                              expressed concern that wildfires are                    specific to this action, no further                   in the Unfunded Mandates Reform Act
                                              negatively impacting both public health                 response is provided.                                 of 1995 (Pub. L. 104–4);
                                              and the environment, and that more                                                                               • does not have federalism
                                              should be done to prevent wildfires.                    IV. Final Action                                      implications as specified in Executive
                                                 Response 2: This comment is                            EPA has reviewed West Virginia’s SIP                Order 13132 (64 FR 43255, August 10,
                                              irrelevant to this rulemaking. This                     revision seeking removal of obsolete                  1999);
                                              rulemaking is concerned with removing                   source-specific SIP requirements from                    • is not an economically significant
                                              source-specific requirements from the                   the West Virginia SIP. These five                     regulatory action based on health or
                                              SIP for permanently shut down facilities                sources have permanently ceased                       safety risks subject to Executive Order
                                              in West Virginia. As the comment is                     operation, rendering source-specific SIP              13045 (62 FR 19885, April 23, 1997);
                                              neither supportive of, critical of, nor                 requirements for these sources obsolete.                 • is not a significant regulatory action
                                              specific to this action, no further                     EPA has confirmed that all permits have               subject to Executive Order 13211 (66 FR
                                              response is provided.                                   been surrendered and are inactive.                    28355, May 22, 2001);
                                                 Comment 3: The commenter                                                                                      • is not subject to requirements of
                                                                                                      Therefore, EPA is approving the West
                                              questioned why the United States is                                                                           Section 12(d) of the National
                                                                                                      Virginia August 25, 2017 SIP revision,
                                              importing gas from Nigeria at Cove                                                                            Technology Transfer and Advancement
                                                                                                      which sought removal of source-specific
                                              Point hurting the American middle class                                                                       Act of 1995 (15 U.S.C. 272 note) because
                                                                                                      revisions related to five now closed
                                              and the working poor.                                                                                         application of those requirements would
                                                                                                      facilities, in accordance with section
                                                 Response 3: This comment is                                                                                be inconsistent with the CAA; and
                                                                                                      110 of the CAA. As the five sources                      • does not provide EPA with the
                                              irrelevant to this rulemaking. This                     permanently shutdown, their emissions
                                              rulemaking is concerned with removing                                                                         discretionary authority to address, as
                                                                                                      are permanently eliminated, so                        appropriate, disproportionate human
                                              source-specific requirements from the                   removing the source-specific SIP
                                              SIP for permanently shut down facilities                                                                      health or environmental effects, using
                                                                                                      requirements for these sources will not               practicable and legally permissible
                                              in West Virginia. As the comment is                     interfere with attainment and
                                              neither supportive of, critical of, nor                                                                       methods, under Executive Order 12898
                                                                                                      maintenance of any NAAQS, reasonable                  (59 FR 7629, February 16, 1994).
                                              specific to this action, no further                     further progress or any other applicable
                                              response is provided.                                                                                         In addition, this rule does not have
                                                                                                      CAA requirement in accordance with
                                                 Comment 4: The commenter                                                                                   tribal implications as specified by
                                                                                                      CAA section 110(l).
                                              expressed concern over unnecessary                                                                            Executive Order 13175 (65 FR 67249,
                                              and burdensome regulations, and the                     V. Statutory and Executive Order                      November 9, 2000), because the SIP is
                                              regulatory process.                                     Reviews                                               not approved to apply in Indian country
                                                 Response 4: As the comment is                                                                              located in the State, and EPA notes that
                                                                                                      A. General Requirements
                                              neither supportive of, critical of, nor                                                                       it will not impose substantial direct
                                              specific to this action, no response is                   Under the CAA, the Administrator is                 costs on tribal governments or preempt
                                              provided. This rulemaking is concerned                  required to approve a SIP submission                  tribal law.
                                              with removing source-specific                           that complies with the provisions of the
                                                                                                                                                            B. Submission to Congress and the
nshattuck on DSK9F9SC42PROD with RULES




                                              requirements from the SIP for                           CAA and applicable Federal regulations.
                                              permanently shut down facilities in                     42 U.S.C. 7410(k); 40 CFR 52.02(a).                   Comptroller General
                                              West Virginia.                                          Thus, in reviewing SIP submissions,                     The Congressional Review Act, 5
                                                 Comment 5: The commenter                             EPA’s role is to approve State choices,               U.S.C. 801 et seq., as added by the Small
                                              expresses concern over potentially                      provided that they meet the criteria of               Business Regulatory Enforcement
                                              harmful health effects from low                         the CAA. Accordingly, this action                     Fairness Act of 1996, generally provides
                                              frequency electro-magnetic fields and                   merely approves State law as meeting                  that before a rule may take effect, the


                                         VerDate Sep<11>2014   14:37 Mar 16, 2018   Jkt 244001   PO 00000   Frm 00044   Fmt 4700   Sfmt 4700   E:\FR\FM\19MRR1.SGM   19MRR1


                                                                 Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Rules and Regulations                                             11889

                                              agency promulgating the rule must                       Corp,’’ ‘‘International Mill Service, Inc,’’            C. Periodic Adjustments of the Threshold
                                              submit a rule report, which includes a                  and ‘‘Columbian Chemicals Company.’’                       Amounts for Reporting Marine
                                              copy of the rule, to each House of the                                                                             Casualties and SMIs
                                                                                                      [FR Doc. 2018–05404 Filed 3–16–18; 8:45 am]
                                              Congress and to the Comptroller General                                                                         D. Loss of Marine Casualty Data
                                                                                                      BILLING CODE 6560–50–P
                                              of the United States. Section 804,                                                                              E. Amending the Dollar Amount
                                                                                                                                                                 Thresholds for Outer Continental Shelf
                                              however, exempts from section 801 the
                                                                                                                                                                 Casualty Reporting in Title 33 of the CFR
                                              following types of rules: Rules of                                                                              F. Use of the CPI–U to Determine Reporting
                                              particular applicability; rules relating to             DEPARTMENT OF HOMELAND
                                                                                                      SECURITY                                                   Threshold Amounts
                                              agency management or personnel; and                                                                             G. Nonsubstantive Changes to Reflect
                                              rules of agency organization, procedure,                Coast Guard                                                Updated CG–2692, Report of Marine
                                              or practice that do not substantially                                                                              Casualty, Commercial Diving Casualty,
                                              affect the rights or obligations of non-                46 CFR Part 4                                              or OCS-related Casualty
                                              agency parties. 5 U.S.C. 804(3). Because                                                                      VI. Regulatory Analyses
                                              this is a rule of particular applicability,             [Docket No. USCG–2016–0748]                             A. Regulatory Planning and Review
                                              EPA is not required to submit a rule                                                                            B. Small Entities
                                              report regarding this action under                      RIN 1625–AC33                                           C. Assistance for Small Entities
                                              section 801.                                                                                                    D. Collection of Information
                                                                                                      Marine Casualty Reporting Property                      E. Federalism
                                              C. Petitions for Judicial Review                        Damage Thresholds                                       F. Unfunded Mandates Reform Act
                                                                                                                                                              G. Taking of Private Property
                                                 Under section 307(b)(1) of the CAA,                  AGENCY:    Coast Guard, DHS.                            H. Civil Justice Reform
                                              petitions for judicial review of this                   ACTION:   Final rule.                                   I. Protection of Children
                                              action must be filed in the United States                                                                       J. Indian Tribal Governments
                                              Court of Appeals for the appropriate                    SUMMARY:    The Coast Guard is amending                 K. Energy Effects
                                              circuit by May 18, 2018. Filing a                       the monetary property damage                            L. Technical Standards
                                              petition for reconsideration by the                     threshold amounts for reporting a                       M. Environment
                                              Administrator of this final rule does not               marine casualty and for reporting a type
                                                                                                                                                            I. Abbreviations
                                              affect the finality of this action for the              of marine casualty called a ‘‘serious
                                              purposes of judicial review nor does it                 marine incident.’’ The original                       BLS Bureau of Labor Statistics
                                              extend the time within which a petition                 regulations that set these dollar                     CFR Code of Federal Regulations
                                              for judicial review may be filed, and                   threshold amounts were written in the                 COI Collection of Information
                                              shall not postpone the effectiveness of                 1980s and have not been updated since                 CPI–U Consumer Price Index for All Urban
                                              such rule or action. This action                        that time. Because the monetary                           Consumers
                                              pertaining to removal of source-specific                thresholds for reporting have not kept                DHS Department of Homeland Security
                                              requirements from the West Virginia SIP                 pace with inflation, vessel owners and                MISLE Marine Information for Safety and
                                                                                                      operators have been required to report                    Law Enforcement
                                              may not be challenged later in
                                                                                                      relatively minor casualties.                          NPRM Notice of Proposed Rulemaking
                                              proceedings to enforce its requirements.                                                                      OCMI Officer in Charge, Marine Inspection
                                              (See section 307(b)(2).)                                Additionally, the original regulations
                                                                                                                                                            OCS Outer Continental Shelf
                                                                                                      require mandatory drug and alcohol                    OMB Office of Management and Budget
                                              List of Subjects in 40 CFR Part 52                      testing following a serious marine                    PVA Passenger Vessel Association
                                                Environmental protection, Air                         incident. As a result, vessel owners and              RA Regulatory analysis
                                              pollution control, Carbon monoxide,                     operators are conducting testing for                  SMI Serious marine incident
                                              Incorporation by reference, Lead,                       casualties that are less significant than             SNPRM Supplemental notice of proposed
                                              Nitrogen dioxide, Ozone, Particulate                    those intended to be captured by the                      rulemaking.
                                              matter, Reporting and recordkeeping                     original regulations. Updating the                    U.S.C. United States Code
                                                                                                      original regulations will reduce the                  § Section symbol
                                              requirements, Sulfur oxides, Volatile
                                              organic compounds.                                      burden on vessel owners and operators,                II. Background, Basis, and Purpose
                                                                                                      and will also reduce the amount of
                                                Dated: March 6, 2018.                                 Coast Guard resources expended to                       Pursuant to 46 U.S.C. 6101, the Coast
                                              Cosmo Servidio,                                         investigate these incidents.                          Guard is required to prescribe
                                              Regional Administrator, Region III.                     DATES: This final rule is effective April             regulations on marine casualty reporting
                                                                                                      18, 2018.                                             and the manner of reporting. Based on
                                                  40 CFR part 52 is amended as follows:                                                                     this authority, we developed regulations
                                                                                                      FOR FURTHER INFORMATION CONTACT: For
                                              PART 52—APPROVAL AND                                    information about this document, call or              in part 4 of title 46 of the Code of
                                              PROMULGATION OF                                         email LCDR Baxter B. Smoak, CG–INV,                   Federal Regulations (CFR) that
                                              IMPLEMENTATION PLANS                                    Coast Guard; telephone 202–372–1223,                  included, among other criteria,
                                                                                                      email Baxter.B.Smoak@uscg.mil.                        monetary property damage threshold
                                                                                                                                                            amounts for reporting a ‘‘serious marine
                                              ■ 1. The authority citation for part 52                 SUPPLEMENTARY INFORMATION:
                                                                                                                                                            incident’’ 1 (SMI) and for reporting a
                                              continues to read as follows:
                                                                                                      Table of Contents for Preamble                        marine casualty.2 The original
                                                  Authority: 42 U.S.C. 7401 et seq.                                                                         regulations setting these property
                                                                                                      I. Abbreviations                                      damage threshold amounts were
                                              Subpart XX—West Virginia                                II. Background, Basis, and Purpose
nshattuck on DSK9F9SC42PROD with RULES




                                                                                                                                                            developed in the 1980s, and they have
                                                                                                      III. Regulatory History                               not been updated since that time. With
                                              § 52.2520    [Amended]                                  IV. Discussion of Final Rule
                                                                                                      V. Discussion of Comments and Changes
                                                                                                                                                            this final rule, we update the dollar
                                              ■  2. In § 52.2520, the table in paragraph                 A. Dollar Threshold Amounts for Reporting          threshold amounts for property damage
                                              (d) is amended by removing the entries                        Marine Casualties
                                              for ‘‘Mountaineer Carbon Co,’’                             B. Dollar Threshold Amounts for Reporting            1 46   CFR 4.03–2.
                                              ‘‘Standard Lafarge,’’ ‘‘Follansbee Steel                      SMIs                                              2 46   CFR 4.05–1.



                                         VerDate Sep<11>2014   14:37 Mar 16, 2018   Jkt 244001   PO 00000   Frm 00045   Fmt 4700   Sfmt 4700   E:\FR\FM\19MRR1.SGM     19MRR1



Document Created: 2018-03-17 04:24:36
Document Modified: 2018-03-17 04:24:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on April 18, 2018.
ContactIrene Shandruk, (215) 814-2166, or by email at [email protected]
FR Citation83 FR 11887 
CFR AssociatedEnvironmental 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

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR