83 FR 12677 - Approval and Promulgation of Air Quality Implementation Plans; West Virginia; 2015 Ozone National Ambient Air Quality Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 57 (March 23, 2018)
Federal Register Volume 83, Issue 57 (March 23, 2018)
| Page Range | 12677-12680 | |
| FR Document | 2018-05877 |
[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)] [Rules and Regulations] [Pages 12677-12680] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05877] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2017-0413; FRL-9975-88--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: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving 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 final rule is effective on April 23, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2017-0413. 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: 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 part 50 and part 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 [[Page 12678]] 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 part 50 and part 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.\1\ --------------------------------------------------------------------------- \1\ This action, which approves West Virginia's rules incorporating by reference the NAAQS as of a certain date, is not affected by the recent decision in South Coast Air Quality Mgmt. Dist. v. EPA, No. 15-1115 (D.C. Cir. Feb. 16, 2018). --------------------------------------------------------------------------- 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. On October 16, 2017 (82 FR 47981 and 82 FR48033), EPA simultaneously published a notice of proposed rulemaking (NPR) and a direct final rule (DFR) for the State of West Virginia approving the SIP revision. EPA received five comments on the rulemaking and withdrew the DFR prior to the effective date of December 15, 2017. III. Response to Comments During the comment period, EPA received several anonymous comments on EPA's rulemaking. EPA is responding to comments submitted on the proposed revision to the West Virginia SIP specific to this action. All other comments received were either supportive of or not specific to this action and thus are not addressed here. Comment #1: The commenter expressed a desire for EPA to, ``[s]uspend or rescind the [past] admin rule.'' The commenter then continued with statements not specific to this action by copying sections from EPA's ``Policy Assessment for the Review of the Primary National Ambient Air Quality Standard for Sulfur Oxides, External Review Draft'' (August 2017, EPA-452/P-17-003) (Draft PA) without providing any specific argument. Response #1: The comment lacks any specifics regarding what action EPA should take regarding our proposal to incorporate by reference for the West Virginia SIP 45 CSR 8 which incorporates all NAAQS. Based on the context of the comment, it appears the comment is requesting that EPA suspend or rescind the 2010 Sulfur Dioxide (SO2 ) NAAQS due to a lack of available information. EPA is not in this action revising any SO2 NAAQS nor any NAAQS and as such the references to the Draft PA are irrelevant. In this action, EPA is approving, in accordance with CAA section 110, West Virginia's request to incorporate by reference NAAQS EPA has previously promulgated in separate unrelated rulemakings. As the comment regarding suspending or rescinding prior ``admin'' rules such as the NAAQS is not germane to this rulemaking, EPA provides no further response. Comment #2: A second comment stated that EPA should not add the 2015 ozone standard to any state's SIP as the Administrator has publicly stated the he intends to repeal the ozone standard. The commenter believes that his announcement can be interpreted as a promulgation by the Agency, and EPA should not act until the review is completed. The commenter also stated that EPA must hold off on any ozone action until a court review is completed. Response #2: EPA disagrees with the commenter's assertion that the Agency has promulgated a repeal of the 2015 ozone NAAQS through public announcement. Until the Agency, through public notice and rulemaking, revises any NAAQS, including the 2015 ozone NAAQS, the NAAQS remain in place and states may seek to incorporate such NAAQS into their SIPs under CAA section 110. In 45 CSR 8, West Virginia updated the effective date of its incorporation by reference of the most recent version of the Code of Federal Regulations (CFR) so that West Virginia could incorporate by reference in its SIP all updated EPA NAAQS. While judicial action is pending relating to implementation of the 2015 ozone NAAQS, nothing prohibits a state like West Virginia from incorporating by reference the 2015 ozone NAAQS into its SIP. Comment #3: The final comment expressed a desire for EPA to allow the state to incorporate the Federal standards (i.e., NAAQS) on an ongoing basis so that the State does not have to expend taxpayer dollars and resources each time EPA updates 40 CFR parts 50 and 53 with new or revised NAAQS. The commenter also expressed a desire for EPA to, ``slow down the regulatory changes and allow states to meet the current standards before imposing new burdens on the states.'' Response #3: Nothing in the CAA requires states to incorporate the Federal standards each time EPA updates a NAAQS in 40 CFR parts 50 and 53. West Virginia has decided to incorporate the NAAQS in 45 CSR 8 that are effective as of a certain date. West Virginia's action is responsive to state concerns and limitations and is consistent with the CAA, thus this SIP submittal can be approved in this final action. IV. 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. V. 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 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.\2\ --------------------------------------------------------------------------- \2\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- VI. 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 [[Page 12679]] 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 (Public Law 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 May 22, 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, 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 PM 2.5 , 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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: March 13, 2018. 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 table entitled ``EPA-Approved Regulations in the West Virginia SIP'' in paragraph (c) is amended by revising the entries for sections 45-8-1 through 45-8-4 to read as follows: Sec. 52.2520 Identification of plan. * * * * * (c) * * * EPA-Approved Regulations in the West Virginia SIP ---------------------------------------------------------------------------------------------------------------- Additional State citation [chapter 16-20 or State explanation/ 45 CSR] Title/subject effective EPA approval date citation at 40 CFR date 52.2565 ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- [45 CSR] Series 8 Ambient Air Quality Standards ---------------------------------------------------------------------------------------------------------------- Section 45-8-1................... General............. 6/1/17 3/23/18, [Insert Filing and effective Federal Register dates are revised. Citation]. Section 45-8-2................... Definitions......... 6/1/17 3/23/18, [Insert Previous Approval 9/ Federal Register 22/2014. Citation]. Section 45-8-3................... Adoption of 6/1/17 3/23/18, [Insert Effective date is Standards. Federal Register revised. Citation]. Section 45-8-4................... Inconsistency 6/1/17 3/23/18, [Insert Replaced ``West Between Rules. Federal Register Virginia Department Citation]. of Environmental Protection'' with ``Division of Air Quality.'' * * * * * * * ---------------------------------------------------------------------------------------------------------------- [[Page 12680]] * * * * * [FR Doc. 2018-05877 Filed 3-22-18; 8:45 am] BILLING CODE 6560-50-P
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State Additional
State citation Title/subject effective EPA approval date explanation/
date § 52.2063 citation
* * * * * * *
Chapter 129—Standards for Sources
* * * * * * *
Sources of VOCs
Section 129.51 ............... General ......................... 10/22/16 3/23/18 [Insert Federal Amendments add alternative compliance meth-
Register citation]. ods for the requirements of Section 129.52e.
Previous approval dated 6/25/2015.
* * * * * * *
Section 129.52e ............. Control of VOC emis- 10/22/16 3/23/18 [Insert Federal New section is added. This section does not re-
sions from automobile Register citation]. move or replace any permits approved under
and light-duty truck 52.2020(d).
assembly coating op-
erations and heavier
vehicle coating oper-
ations.
* * * * * * *
* * * * * Assessment Monitoring Stations Department of Environmental Protection
[FR Doc. 2018–05872 Filed 3–22–18; 8:45 am] (PAMS) network. The SIP revision will (WVDEP) submitted a formal revision to
BILLING CODE 6560–50–P also change a reference from the ‘‘West West Virginia’s SIP pertaining to
Virginia Department of Environmental amendments of Legislative Rule, 45 CSR
Protection,’’ to the ‘‘Division of Air 8—Ambient Air Quality Standards. The
ENVIRONMENTAL PROTECTION Quality.’’ EPA is approving these SIP revision consists of revising the
AGENCY revisions in accordance with the effective date of the incorporation by
requirements of the Clean Air Act reference of 40 CFR parts 50 and 53.
40 CFR Part 52 (CAA).
II. Summary of SIP Revision and EPA
[EPA–R03–OAR–2017–0413; FRL–9975– DATES: This final rule is effective on
88—Region 3] Analysis
April 23, 2018.
West Virginia has submitted this SIP
Approval and Promulgation of Air ADDRESSES: EPA has established a
revision to update the State’s
Quality Implementation Plans; West docket for this action under Docket ID incorporation by reference of 40 CFR
Virginia; 2015 Ozone National Ambient Number EPA–R03–OAR–2017–0413. All part 50, which contains the Federal
Air Quality Standards documents in the docket are listed on NAAQS, and 40 CFR part 53, which
the http://www.regulations.gov website. contains the ambient air monitoring
AGENCY: Environmental Protection Although listed in the index, some
Agency (EPA). reference methods and equivalent
information is not publicly available, reference methods. Currently, the
ACTION: Final rule. e.g., confidential business information version of 45 CSR 8 in the West Virginia
SUMMARY: The Environmental Protection (CBI) or other information whose SIP incorporates by reference 40 CFR
Agency (EPA) is approving revisions to disclosure is restricted by statute. parts 50 and 53 as effective on June 1,
the State of West Virginia state Certain other material, such as 2013; this SIP revision will update the
implementation plan (SIP). The copyrighted material, is not placed on effective date to June 1, 2016.
revisions update the effective date by the internet and will be publicly In the June 13, 2017 SIP submittal,
which the West Virginia regulations available only in hard copy form. WVDEP submitted amendments to the
incorporate by reference the national Publicly available docket materials are legislative rule which include the
ambient air quality standards (NAAQS), available through http:// following changes: To section 45–8–1
additional monitoring methods, and www.regulations.gov, or please contact (General), the filing and effective dates
additional equivalent monitoring the person identified in the FOR FURTHER are changed to reflect the update of the
INFORMATION CONTACT section for
methods. This update will effectively legislative rule; to section 45–8–3
add the following to the West Virginia additional availability information. (Adoption of Standards), the effective
SIP: The 2015 ozone NAAQS, FOR FURTHER INFORMATION CONTACT: dates for the incorporation by reference
monitoring reference and equivalent Joseph Schulingkamp, (215) 814–2021, of 40 CFR part 50 and part 53 are
methods pertaining to fine particulate or by email at schulingkamp.joseph@ changed; to section 45–8–4
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matter (PM2.5), Carbon Monoxide (CO), epa.gov. (Inconsistency Between Rules), the
and course particulate matter (PM10), SUPPLEMENTARY INFORMATION: reference to the ‘‘West Virginia
and it will revise the ozone monitoring Department of Environmental
season, the Federal Reference Method I. Background Protection,’’ is changed to the ‘‘Division
(FRM), the Federal Equivalent Method On June 13, 2017, the State of West of Air Quality.’’ West Virginia has
(FEM), and the Photochemical Virginia through the West Virginia amended 45 CSR 8 to revise the filing
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and effective dates of the rule to May 15, Dioxide (SO2) NAAQS due to a lack of that are effective as of a certain date.
2017 and June 1, 2017 respectively. The available information. West Virginia’s action is responsive to
effective date of the incorporation by EPA is not in this action revising any state concerns and limitations and is
reference of 40 CFR parts 50 and 53 SO2 NAAQS nor any NAAQS and as consistent with the CAA, thus this SIP
changed from June 1, 2013 to June 1, such the references to the Draft PA are submittal can be approved in this final
2017. EPA finds the revised version of irrelevant. In this action, EPA is action.
45 CSR 8 with new effective dates approving, in accordance with CAA
section 110, West Virginia’s request to IV. Final Action
incorporating by reference 40 CFR part
50 and part 53, as well as the changes incorporate by reference NAAQS EPA EPA is approving the amendments to
to the reference of the state air agency, has previously promulgated in separate Legislative Rule, 45 CSR 8—Ambient
are in accordance with requirements in unrelated rulemakings. As the comment Air Quality Standards, into the West
section 110 of the CAA.1 regarding suspending or rescinding Virginia SIP pursuant to section 110 of
This update will effectively add the prior ‘‘admin’’ rules such as the NAAQS the CAA.
following to the West Virginia SIP: The is not germane to this rulemaking, EPA
provides no further response. V. Incorporation by Reference
2015 ozone NAAQS, monitoring
reference and equivalent methods Comment #2: A second comment In this rule, EPA is finalizing
pertaining to PM2.5, CO, and PM10, and stated that EPA should not add the 2015 regulatory text that includes
it will revise the ozone monitoring ozone standard to any state’s SIP as the incorporation by reference. In
season to March 1st through October Administrator has publicly stated the he accordance with requirements of 1 CFR
31st, the FRM, the FEM, and the PAMS intends to repeal the ozone standard. 51.5, EPA is finalizing the update to
network. The commenter believes that his West Virginia’s Legislative Rule, 45 CSR
On October 16, 2017 (82 FR 47981 announcement can be interpreted as a 8, as effective on June 1, 2017. EPA has
and 82 FR48033), EPA simultaneously promulgation by the Agency, and EPA made, and will continue to make, these
published a notice of proposed should not act until the review is materials generally available through
rulemaking (NPR) and a direct final rule completed. The commenter also stated www.regulations.gov and at the EPA
(DFR) for the State of West Virginia that EPA must hold off on any ozone Region III Office (please contact the
approving the SIP revision. EPA action until a court review is completed. person identified in the FOR FURTHER
Response #2: EPA disagrees with the INFORMATION CONTACT section of this
received five comments on the
commenter’s assertion that the Agency preamble for more information).
rulemaking and withdrew the DFR prior
has promulgated a repeal of the 2015 Therefore, these materials have been
to the effective date of December 15,
ozone NAAQS through public approved by EPA for inclusion in the
2017.
announcement. Until the Agency, SIP, have been incorporated by
III. Response to Comments through public notice and rulemaking, reference by EPA into that plan, are
During the comment period, EPA revises any NAAQS, including the 2015 fully federally enforceable under
received several anonymous comments ozone NAAQS, the NAAQS remain in sections 110 and 113 of the CAA as of
place and states may seek to incorporate the effective date of the final rulemaking
on EPA’s rulemaking. EPA is
such NAAQS into their SIPs under CAA of EPA’s approval, and will be
responding to comments submitted on
section 110. In 45 CSR 8, West Virginia incorporated by reference by the
the proposed revision to the West
updated the effective date of its Director of the Federal Register in the
Virginia SIP specific to this action. All
incorporation by reference of the most next update of the SIP compilation.2
other comments received were either
recent version of the Code of Federal
supportive of or not specific to this VI. Statutory and Executive Order
Regulations (CFR) so that West Virginia
action and thus are not addressed here. Reviews
could incorporate by reference in its SIP
Comment #1: The commenter
all updated EPA NAAQS. While judicial A. General Requirements
expressed a desire for EPA to,
action is pending relating to
‘‘[s]uspend or rescind the [past] admin Under the CAA, the Administrator is
implementation of the 2015 ozone
rule.’’ The commenter then continued required to approve a SIP submission
NAAQS, nothing prohibits a state like
with statements not specific to this that complies with the provisions of the
West Virginia from incorporating by
action by copying sections from EPA’s CAA and applicable federal regulations.
reference the 2015 ozone NAAQS into
‘‘Policy Assessment for the Review of 42 U.S.C. 7410(k); 40 CFR 52.02(a).
its SIP.
the Primary National Ambient Air Comment #3: The final comment Thus, in reviewing SIP submissions,
Quality Standard for Sulfur Oxides, expressed a desire for EPA to allow the EPA’s role is to approve state choices,
External Review Draft’’ (August 2017, state to incorporate the Federal provided that they meet the criteria of
EPA–452/P–17–003) (Draft PA) without standards (i.e., NAAQS) on an ongoing the CAA. Accordingly, this action
providing any specific argument. basis so that the State does not have to merely approves state law as meeting
Response #1: The comment lacks any expend taxpayer dollars and resources federal requirements and does not
specifics regarding what action EPA each time EPA updates 40 CFR parts 50 impose additional requirements beyond
should take regarding our proposal to and 53 with new or revised NAAQS. those imposed by state law. For that
incorporate by reference for the West The commenter also expressed a desire reason, this action:
Virginia SIP 45 CSR 8 which for EPA to, ‘‘slow down the regulatory • Is not a ‘‘significant regulatory
incorporates all NAAQS. Based on the changes and allow states to meet the action’’ subject to review by the Office
context of the comment, it appears the current standards before imposing new of Management and Budget under
comment is requesting that EPA burdens on the states.’’ Executive Orders 12866 (58 FR 51735,
amozie on DSK30RV082PROD with RULES
suspend or rescind the 2010 Sulfur Response #3: Nothing in the CAA October 4, 1993) and 13563 (76 FR 3821,
requires states to incorporate the January 21, 2011);
1 This action, which approves West Virginia’s
Federal standards each time EPA • is not an Executive Order 13771 (82
rules incorporating by reference the NAAQS as of
a certain date, is not affected by the recent decision
updates a NAAQS in 40 CFR parts 50 FR 9339, February 2, 2017) regulatory
in South Coast Air Quality Mgmt. Dist. v. EPA, No. and 53. West Virginia has decided to
15–1115 (D.C. Cir. Feb. 16, 2018). incorporate the NAAQS in 45 CSR 8 2 62 FR 27968 (May 22, 1997).
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action because SIP approvals are it will not impose substantial direct additional monitoring methods, and
exempted under Executive Order 12866. costs on tribal governments or preempt additional equivalent monitoring
• does not impose an information tribal law. methods, which effectively adds the
collection burden under the provisions 2015 ozone NAAQS and ambient air
of the Paperwork Reduction Act (44 B. Submission to Congress and the
monitoring reference and equivalent
U.S.C. 3501 et seq.); Comptroller General
methods pertaining to PM2.5, PM10, and
• is certified as not having a The Congressional Review Act, 5 CO, and changing the reference to the
significant economic impact on a U.S.C. 801 et seq., as added by the Small state air agency, may not be challenged
substantial number of small entities Business Regulatory Enforcement later in proceedings to enforce its
under the Regulatory Flexibility Act (5 Fairness Act of 1996, generally provides requirements. (See section 307(b)(2).)
U.S.C. 601 et seq.); that before a rule may take effect, the
• does not contain any unfunded agency promulgating the rule must
List of Subjects in 40 CFR Part 52
mandate or significantly or uniquely submit a rule report, which includes a Environmental protection, Air
affect small governments, as described copy of the rule, to each House of the pollution control, Carbon monoxide,
in the Unfunded Mandates Reform Act Congress and to the Comptroller General Incorporation by reference, Nitrogen
of 1995 (Public Law 104–4); of the United States. EPA will submit a dioxide, Ozone, Particulate matter,
• does not have federalism
report containing this action and other Reporting and recordkeeping
implications as specified in Executive
required information to the U.S. Senate, requirements, Sulfur oxides, Volatile
Order 13132 (64 FR 43255, August 10,
the U.S. House of Representatives, and organic compounds.
1999);
• is not an economically significant the Comptroller General of the United Dated: March 13, 2018.
regulatory action based on health or States prior to publication of the rule in
Cecil Rodrigues,
safety risks subject to Executive Order the Federal Register. A major rule
Acting Regional Administrator, Region III.
13045 (62 FR 19885, April 23, 1997); cannot take effect until 60 days after it
• is not a significant regulatory action is published in the Federal Register. 40 CFR part 52 is amended as follows:
subject to Executive Order 13211 (66 FR This action is not a ‘‘major rule’’ as
28355, May 22, 2001); defined by 5 U.S.C. 804(2). PART 52—APPROVAL AND
• is not subject to requirements of C. Petitions for Judicial Review
PROMULGATION OF
Section 12(d) of the National IMPLEMENTATION PLANS
Technology Transfer and Advancement Under section 307(b)(1) of the CAA,
Act of 1995 (15 U.S.C. 272 note) because petitions for judicial review of this ■ 1. The authority citation for part 52
application of those requirements would action must be filed in the United States continues to read as follows:
be inconsistent with the CAA; and Court of Appeals for the appropriate Authority: 42 U.S.C. 7401 et seq.
• does not provide EPA with the circuit by May 22, 2018. Filing a
discretionary authority to address, as petition for reconsideration by the Subpart XX—West Virginia
appropriate, disproportionate human Administrator of this final rule does not
health or environmental effects, using affect the finality of this action for the ■ 2. In § 52.2520, the table entitled
practicable and legally permissible purposes of judicial review nor does it ‘‘EPA-Approved Regulations in the West
methods, under Executive Order 12898 extend the time within which a petition Virginia SIP’’ in paragraph (c) is
(59 FR 7629, February 16, 1994). for judicial review may be filed, and amended by revising the entries for
In addition, this rule does not have shall not postpone the effectiveness of sections 45–8–1 through 45–8–4 to read
tribal implications as specified by such rule or action. This action, to as follows:
Executive Order 13175 (65 FR 67249, approve West Virginia’s SIP revisions to
November 9, 2000), because the SIP is update of the effective date by which § 52.2520 Identification of plan.
not approved to apply in Indian country the State regulations incorporate by * * * * *
located in the state, and EPA notes that reference the Federal NAAQS, (c) * * *
EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP
State citation State Additional explanation/
[chapter 16–20 or Title/subject effective EPA approval date citation at 40 CFR 52.2565
45 CSR] date
* * * * * * *
[45 CSR] Series 8 Ambient Air Quality Standards
Section 45–8–1 ....... General ................... 6/1/17 3/23/18, [Insert Federal Register Cita- Filing and effective dates are revised.
tion].
Section 45–8–2 ....... Definitions ............... 6/1/17 3/23/18, [Insert Federal Register Cita- Previous Approval 9/22/2014.
tion].
Section 45–8–3 ....... Adoption of Stand- 6/1/17 3/23/18, [Insert Federal Register Cita- Effective date is revised.
ards. tion].
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Section 45–8–4 ....... Inconsistency Be- 6/1/17 3/23/18, [Insert Federal Register Cita- Replaced ‘‘West Virginia Department of
tween Rules. tion]. Environmental Protection’’ with ‘‘Divi-
sion of Air Quality.’’
* * * * * * *
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![12680 Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Rules and Regulations
* * * * * The OMB Control Number is 3060– Needs and Uses: The information
[FR Doc. 2018–05877 Filed 3–22–18; 8:45 am] 0214. collection requirements included under
BILLING CODE 6560–50–P The foregoing notice is required by this OMB Control Number 3060–0214,
the Paperwork Reduction Act of 1995, requires commercial broadcast stations
Public Law 104–13, October 1, 1995, to maintain for public inspection a file
FEDERAL COMMUNICATIONS and 44 U.S.C. 3507. containing the material set forth in 47
COMMISSION The total annual reporting burdens
and costs for the respondents are as CFR 73.3526.
47 CFR Part 73 follows: This revised collection reflects the
OMB Control Number: 3060–0214. burden associated with the Shared
[MB Docket Nos. 14–50, 09–182, 07–294 and OMB Approval Date: March 12, 2018.
04–256; FCC 16–107] Service Agreement disclosure
OMB Expiration Date: March 31, requirements adopted in the 2014
2021.
2014 Quadrennial Regulatory Review Title: Sections 73.3526 and 73.3527, Quadrennial Regulatory Review (81 FR
Local Public Inspection Files; Sections 76220, Nov. 1, 2016, FCC 16–107, rel.
AGENCY: Federal Communications
73.1212, 76.1701 and 73.1943, Political Aug. 25, 2016) and affirmed in the 2014
Commission.
Files. Quadrennial Regulatory Review Order
ACTION: Final rule; announcement of
effective date. Form Number: None. on Reconsideration (83 FR 733, Jan. 8,
Respondents: Business or other for 2018, FCC 17–156, rel. Nov. 20, 2017).
SUMMARY: In this document, the profit entities; Not for profit institutions; The collection requires commercial
Commission announces that the Office State, Local or Tribal government; television stations to place in their
of Management and Budget (OMB) has Individuals or households. online public inspection file a copy of
approved the request for the information Number of Respondents and
every Shared Service Agreement for the
collection requirements contained in the Responses: 24,013 respondents; 63,261
responses. station (with the substance of oral
Commission’s 2014 Quadrennial agreements reported in writing),
Estimated Time per Response: 1–52
Regulatory Review Second Report and regardless of whether the agreement
hours.
Order, FCC 16–107. This document is Frequency of Response: On occasion involves commercial television stations
consistent with the Second Report and reporting requirement, Recordkeeping in the same market or in different
Order, which stated that the requirement, Third party disclosure markets, with confidential or
Commission would publish a document requirement. proprietary information redacted where
in the Federal Register announcing Obligation to Respond: Required to appropriate. For purposes of this
OMB approval and the effective date of obtain or retain benefits. The statutory collection, a Shared Service Agreement
these rules. authority that covers this information is any agreement or series of agreements
DATES: 47 CFR 73.3526, published at 81 collection is contained in Sections 151,
FR 76220, November 1, 2016, is in which (1) a station provides any
152, 154(i), 303, 307 and 308 of the
effective on March 23, 2018. Communications Act of 1934, as station-related services, including, but
FOR FURTHER INFORMATION CONTACT: amended. not limited to, administrative, technical,
Cathy Williams by email at Total Annual Burden: 2,067,853 sales, and/or programming support, to a
Cathy.Williams@fcc.gov and telephone Hours. station that is not directly or indirectly
at (202) 418–2918. Total Annual Cost: $27,168. under common de jure control
Privacy Impact Assessment: The permitted under the Commission’s
SUPPLEMENTARY INFORMATION: This
Commission prepared a system of regulations; or (2) stations that are not
document announces that, on March 12, records notice (SORN), FCC/MB–2,
2018, OMB approved the request that directly or indirectly under common de
‘‘Broadcast Station Public Inspection jure control permitted under the
the Commission submitted pertaining to Files,’’ that covers the PII contained in
the revisions to § 73.3526 contained in Commission’s regulations collaborate to
the broadcast station public inspection
the Commission’s Second Report and provide or enable the provision of
files located on the Commission’s
Order, FCC 16–107, published at 81 FR station-related services, including, but
website. The Commission will revise
76220, November 1, 2016. The OMB appropriate privacy requirements as not limited to, administrative, technical,
Control Number is 3060–0214. The necessary to include any entities and sales, and/or programming support, to
changes to OMB control number 3060– information added to the online public one or more of the collaborating
0214 modified the burden hours and file in this proceeding. stations. For purposes of this collection,
annual costs to the information Nature and Extent of Confidentiality: the term ‘‘station’’ includes the licensee,
collection. The Commission publishes Most of the documents comprising the including any subsidiaries and affiliates,
this document as an announcement of public file consist of materials that are and any other individual or entity with
the effective date of the rules. not of a confidential nature. an attributable interest in the station.
Synopsis: As required by the Respondents complying with the
Paperwork Reduction Act of 1995 (44 This information collection
information collection requirements requirement will provide the
U.S.C. 3507), the FCC is notifying the may request that the information they
public that OMB approved changes to Commission and the public with more
submit be withheld from disclosure. If
information collection requirements comprehensive information about the
confidentiality is requested, such
contained in 47 CFR 73.3526. Under 5 requests will be processed in prevalence and content of Shared
CFR part 1320, an agency may not accordance with the Commission’s Service Agreements between television
conduct or sponsor a collection of rules, 47 CFR 0.459. stations, which will improve the
information unless it displays a current, In addition, the Commission has Commission’s and the public’s ability to
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valid OMB Control Number. No person adopted provisions that permit assess the potential impact of these
shall be subject to any penalty for failing respondents subject to the information agreements on the Commission’s rules
to comply with a collection of collection requirement for Shared and policies.
information subject to the Paperwork Service Agreements to redact The information collection
Reduction Act that does not display a confidential or proprietary information requirements contained under 47 CFR
current, valid OMB Control Number. from their disclosures.
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Document Created: 2018-11-01 08:54:02
Document Modified: 2018-11-01 08:54:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on April 23, 2018. | |
| Contact | Joseph Schulingkamp, (215) 814-2021, or by email at [email protected] | |
| FR Citation | 83 FR 12677 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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