83 FR 28179 - Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Minor New Source Review Permitting
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 117 (June 18, 2018)
Federal Register Volume 83, Issue 117 (June 18, 2018)
| Page Range | 28179-28181 | |
| FR Document | 2018-13045 |
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)] [Proposed Rules] [Pages 28179-28181] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13045] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2017-0503; FRL-9979-55--Region 3] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Minor New Source Review Permitting AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of West Virginia. This revision pertains to changes to West Virginia's minor New Source Review (NSR) permit program. This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before July 18, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03- OAR-2017-0503 at http://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Mr. David Talley, (215) 814-2117, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On June 6, 2017, the West Virginia Department of Environmental Protection (WVDEP) submitted on behalf of the State of West Virginia a formal revision, requesting EPA's approval of its revised minor NSR regulations, ``45CSR13--Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Administrative Updates, Temporary Permits, General Permits, Permissions to Commence Construction, and Procedures for Evaluation,'' as a revision to the West Virginia SIP. Section 110(a)(2)(C) of the CAA requires SIPs to include a preconstruction permit program for both major and minor sources. More specifically, SIPs must include the permit programs required under subpart C of title I and must have minor preconstruction programs that assure that the national ambient air quality standards (NAAQS) are maintained. Additionally, 40 CFR 51.160 through 51.163 outline the federal requirements which apply to minor permit issuance, including the required administrative and federally enforceable procedures, and the procedures for public [[Page 28180]] participation. Under the minor source permitting rules under the Code of State Rules (CSR) at 45CSR13, West Virginia implements minor preconstruction program requirements by issuing permits to: (1) Construct and operate new stationary sources which are not major sources, (2) modify non-major stationary sources, (3) make non-major modifications to existing major stationary sources, and (4) relocate non-major stationary sources. These rules also establish requirements for obtaining a temporary permit and Class I and Class II general permit registration. EPA last approved a revision to 45CSR13 on July 21, 2014. See 79 FR 42211. II. Summary of SIP Revision and EPA Analysis A. Summary of SIP Revision WVDEP's June 6, 2017 SIP submittal contains a number of revisions to 45CRSR13, many of them administrative or clarifying in nature. The non-administrative changes include: (1) Revisions to the definitions of modification and stationary source; (2) Revisions to and clarifications of the provisions allowing applicants to store equipment onsite prior to receiving a permit; and (3) Revisions to the applicability criteria for Class I and Class II administrative updates. B. EPA Analysis 1. ``Modification'' and ``Stationary Source'' Definition Changes WVDEP added language excluding greenhouse gas (GHG) emissions under the definitions of ``Modification'' and ``Stationary Source'' at 45CSR13 sections 45-13-2.17.a and 45-13-2.24.b, respectively. The specific language added to both definitions is as follows, ``. . . other than emissions of any one or the aggregate of all GHGs, the air pollutant defined in 40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.'' The addition of this language to both definitions clarifies that GHG emissions are not subject to the minor NSR permitting requirements of 45CSR13. In accordance with West Virginia's Prevention of Significant Deterioration (PSD) regulations at 45CSR14, preconstruction permitting requirements for GHG sources are only triggered for major sources or major modifications, and only when such source/modification is already ``major'' for another pollutant (i.e., a source cannot be ``major'' for GHGs alone). This is consistent with the federal PSD regulations at 40 CFR 51.166 and 52.21. Additionally, these revisions are appropriate and meet the federal requirements of 40 CFR 51.160 and 51.161, and CAA section 110(a)(2)(C). Further, the revisions are in accordance with section 110(l) of the CAA because they will not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable CAA requirement. 2. ``Store-on-Site'' Clarifications WVDEP's previously approved regulations allow sources to ``(r)eceive or store on-site or off-site any equipment or supplies which make up in part or in whole an emission unit or any support equipment, facilities, building or structure,'' prior to receiving a permit under 45CSR13.\1\ See 45CSR13 section 45-13-5.1.i. WVDEP's June 6, 2017 submittal included a revision to 45-13-5.1.i which clarifies that such supplies etc. may be stored on-site `` . . . on its permanent pad or foundation or at any other location at the stationary source.'' In addition, section 45-13-2 has been revised to add a definition of ``store on-site'' which clarifies that any equipment stored on-site must be kept in the same condition as it was received, and not `` . . . modified, erected or installed.'' See 45CSR13 section 45-13-2.26. While there are no corresponding federal regulations, EPA finds these revisions approvable because they are essentially adding conditions to an already approved regulation, and because they meet the requirements of 40 CFR 51.160-51.163 and CAA section 110(a)(2)(C). Additionally, they are consistent with CAA section 110(l) because they will not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable CAA requirement. --------------------------------------------------------------------------- \1\ WVDEP's ``store on-site'' provisions do not apply to major PSD or nonattainment NSR permits issued in accordance with 45CSR14 or 45CSR19. --------------------------------------------------------------------------- 3. Class I and Class II Administrative Updates WVDEP's June 6, 2017 submittal also revised the applicability criteria for sources seeking Class I and Class II administrative updates to minor NSR permits issued under 45CSR13. The primary difference between Class I and II updates is that, pursuant to 45-13-4.1.d, public notice is not required for Class I updates. For Class II updates, WVDEP provides a 30-day public notice period, in accordance with 45-13-8.3. Additionally, sources requesting Class I amendments may make the change upon submitting the request, prior to receiving a revised permit from WVDEP. In WVDEP's currently approved SIP, only changes to permit conditions which result in a decrease in emissions can be approved under a Class I update. Class II updates must be used for changes which result in an increase or no change in emissions. See 45CSR13 sections 45-13-4.2.a.8 and 45-13- 4.2.b. WVDEP's June 6, 2017 submittal revised those provisions so that rather than applying only to permit revisions which result in an emissions decrease, a Class I update can be used for a permit revision resulting in no emissions increase. A Class II update now must be used in instances where the revision would result in an emissions increase. EPA believes this is a reasonable approach to streamlining WVDEP's administrative burden, and finds these revisions approvable because they meet the requirements of 40 CFR 51.160-51.163 and CAA section 110(a)(2)(C). Additionally, they are consistent with CAA section 110(l) because they will not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable CAA requirement. 4. Non-Substantive Changes In addition to the revisions previously discussed, WVDEP's June 6, 2017 submittal included a number of non-substantive, clarifying and/or administrative changes. Some examples include the deletion of 45CSR13 section 45-13-1.5 which referenced the former version of 45CSR13, re- codifications required by insertions or deletions, (e.g., 45CSR13 sections 45-13-2.26 through 45-13-28), and the deletion of 45CSR13 section 45-13-5.8, which was an antiquated reference to operating permits (permits issued under 45CSR13 include authorization to construct and operate). WVDEP's submittal included an underline/ strikeout version of the submittal so that all revisions to 45CSR13 can been seen. This is included in the docket for this action and online at www.regulations.gov. These changes to 45CSR13 have been made in order to clarify and streamline the minor NSR program, and are appropriate and meet the federal requirements of 40 CFR 51.160 through 51.163, and CAA section 110(a)(2)(C). Additionally, the revisions are in accordance with section 110(l) of the CAA because they will not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable CAA requirement. [[Page 28181]] III. Proposed Action EPA's review of this material indicates that WVDEP's June 6, 2017 SIP submittal meets the requirements under section 110 of the CAA. EPA is proposing to approve the West Virginia SIP revision, adding the revised version of 45CSR13 to the West Virginia SIP, which will replace the current version of 45CSR13 last approved by EPA on July 21, 2014. See 79 FR 42212. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. IV. Incorporation by Reference In this proposed rule, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference the West Virginia regulations at 45CSR13 regarding minor NSR permitting program requirements as discussed in Section II of this preamble. EPA has made, and will continue to make, these materials generally available through http://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). V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this proposed rule, incorporating by reference the West Virginia regulations at 45CSR13 regarding minor NSR permitting program requirements, does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: June 6, 2018. Cecil Rodrigues, Acting Regional Administrator, Region III. [FR Doc. 2018-13045 Filed 6-15-18; 8:45 am] BILLING CODE 6560-50-P
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comments now are due no later than such as magazines and journals. The duke.gerallyn@epa.gov. For comments
July 18, 2018. Office proposed several changes, such submitted at Regulations.gov, follow the
Dated: June 13, 2018. as requiring applicants to submit their online instructions for submitting
Regan A. Smith, applications and deposit copies through comments. Once submitted, comments
the Office’s electronic registration cannot be edited or removed from
General Counsel and Associate Register of
Copyrights. system instead of submitting paper Regulations.gov. For either manner of
applications and physical deposit submission, EPA may publish any
[FR Doc. 2018–13017 Filed 6–15–18; 8:45 am]
copies; updating the eligibility comment received to its public docket.
BILLING CODE 1410–30–P
requirements for this group registration Do not submit electronically any
option, and removing the requirement information you consider to be
LIBRARY OF CONGRESS that serial publishers provide the confidential business information (CBI)
Library of Congress with complimentary or other information whose disclosure is
Copyright Office subscriptions and the effect of this restricted by statute. Multimedia
change on serial publishers in satisfying submissions (audio, video, etc.) must be
37 CFR Part 202 their obligations under the mandatory accompanied by a written comment.
deposit requirement.1 The Office invited The written comment is considered the
[Docket No. 2018–2] public comment on the notice of official comment and should include
Group Registration of Serials proposed rulemaking, to be provided by discussion of all points you wish to
no later than June 18, 2018. However, to make. EPA will generally not consider
AGENCY: U.S. Copyright Office, Library ensure that members of the public have comments or comment contents located
of Congress. sufficient time to respond, and to ensure outside of the primary submission (i.e.,
ACTION: Extension of comment period. that the Office has the benefit of a on the web, cloud, or other file sharing
complete record, the Office is extending system). For additional submission
SUMMARY: The U.S. Copyright Office is the submission deadline by an methods, please contact the person
extending the deadline for the additional thirty days. Written identified in the FOR FURTHER
submission of written comments in comments now are due no later than INFORMATION CONTACT section. For the
response to its May 17, 2018 notice of July 18, 2018. full EPA public comment policy,
proposed rulemaking regarding information about CBI or multimedia
Dated: June 13, 2018.
amendments to its regulation governing submissions, and general guidance on
the group registration option for serials. Regan A. Smith,
making effective comments, please visit
DATES: The comment period is extended General Counsel and Associate Register of
Copyrights.
http://www2.epa.gov/dockets/
by an additional thirty days. Comments commenting-epa-dockets.
must be made in writing and must be [FR Doc. 2018–13018 Filed 6–15–18; 8:45 am]
FOR FURTHER INFORMATION CONTACT: Mr.
received in the U.S. Copyright Office no BILLING CODE 1410–30–P
David Talley, (215) 814–2117, or by
later than July 18, 2018. email at talley.david@epa.gov.
ADDRESSES: For reasons of government
ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION:
efficiency, the Copyright Office is using
the regulations.gov system for the AGENCY I. Background
submission and posting of public On June 6, 2017, the West Virginia
40 CFR Part 52
comments in this proceeding. All Department of Environmental Protection
comments are therefore to be submitted [EPA–R03–OAR–2017–0503; FRL–9979– (WVDEP) submitted on behalf of the
electronically through regulations.gov. 55—Region 3] State of West Virginia a formal revision,
Specific instructions for submitting requesting EPA’s approval of its revised
comments are available on the Approval and Promulgation of Air
Quality Implementation Plans; West minor NSR regulations, ‘‘45CSR13—
Copyright Office website at https:// Permits for Construction, Modification,
www.copyright.gov/rulemaking/group- Virginia; Minor New Source Review
Permitting Relocation and Operation of Stationary
serials/. If electronic submission of Sources of Air Pollutants, Notification
comments is not feasible due to lack of AGENCY: Environmental Protection Requirements, Administrative Updates,
access to a computer and/or the Agency (EPA). Temporary Permits, General Permits,
internet, please contact the Office for ACTION: Proposed rule. Permissions to Commence Construction,
special instructions using the contact and Procedures for Evaluation,’’ as a
information below. SUMMARY: The Environmental Protection revision to the West Virginia SIP.
FOR FURTHER INFORMATION CONTACT: Agency (EPA) is proposing to approve a Section 110(a)(2)(C) of the CAA
Robert J. Kasunic, Associate Register of state implementation plan (SIP) revision requires SIPs to include a
Copyrights and Director of Registration submitted by the State of West Virginia. preconstruction permit program for both
Policy and Practice, or Erik Bertin, This revision pertains to changes to major and minor sources. More
Deputy Director of Registration Policy West Virginia’s minor New Source specifically, SIPs must include the
and Practice, by telephone at 202–707– Review (NSR) permit program. This permit programs required under subpart
8040, or by email at rkas@copyright.gov action is being taken under the Clean C of title I and must have minor
and ebertin@copyright.gov; or Cindy Air Act (CAA). preconstruction programs that assure
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Paige Abramson, Assistant General DATES: Written comments must be that the national ambient air quality
Counsel, by telephone at 202–707–0676, received on or before July 18, 2018. standards (NAAQS) are maintained.
or by email at ciab@copyright.gov. ADDRESSES: Submit your comments, Additionally, 40 CFR 51.160 through
SUPPLEMENTARY INFORMATION: On May identified by Docket ID No. EPA–R03– 51.163 outline the federal requirements
17, 2018, the U.S. Copyright Office OAR–2017–0503 at http:// which apply to minor permit issuance,
issued a proposed rulemaking to update www.regulations.gov, or via email to including the required administrative
its regulations governing the group and federally enforceable procedures,
registration option for serials—works 1 83 FR 22896 (May 17, 2018). and the procedures for public
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III. Proposed Action Thus, in reviewing SIP submissions, • Is not subject to requirements of
EPA’s review of this material EPA’s role is to approve state choices, Section 12(d) of the National
indicates that WVDEP’s June 6, 2017 SIP provided that they meet the criteria of Technology Transfer and Advancement
submittal meets the requirements under the CAA. Accordingly, this action Act of 1995 (15 U.S.C. 272 note) because
section 110 of the CAA. EPA is merely approves state law as meeting application of those requirements would
proposing to approve the West Virginia federal requirements and does not be inconsistent with the CAA; and
impose additional requirements beyond
SIP revision, adding the revised version • Does not provide EPA with the
of 45CSR13 to the West Virginia SIP, those imposed by state law.
For that reason, this proposed action: discretionary authority to address, as
which will replace the current version • Is not a ‘‘significant regulatory appropriate, disproportionate human
of 45CSR13 last approved by EPA on action’’ subject to review by the Office health or environmental effects, using
July 21, 2014. See 79 FR 42212. EPA is of Management and Budget under practicable and legally permissible
soliciting public comments on the Executive Orders 12866 (58 FR 51735, methods, under Executive Order 12898
issues discussed in this document. October 4, 1993) and 13563 (76 FR 3821, (59 FR 7629, February 16, 1994).
These comments will be considered January 21, 2011);
before taking final action. In addition, this proposed rule,
• Is not an Executive Order 13771 (82 incorporating by reference the West
IV. Incorporation by Reference FR 9339, February 2, 2017) regulatory Virginia regulations at 45CSR13
action because SIP approvals are regarding minor NSR permitting
In this proposed rule, EPA is exempted under Executive Order 12866;
proposing to include in a final EPA rule program requirements, does not have
• Does not impose an information
regulatory text that includes collection burden under the provisions tribal implications as specified by
incorporation by reference. In of the Paperwork Reduction Act (44 Executive Order 13175 (65 FR 67249,
accordance with requirements of 1 CFR U.S.C. 3501 et seq.); November 9, 2000), because the SIP is
51.5, EPA is proposing to incorporate by • Is certified as not having a not approved to apply in Indian country
reference the West Virginia regulations significant economic impact on a located in the state, and EPA notes that
at 45CSR13 regarding minor NSR substantial number of small entities it will not impose substantial direct
permitting program requirements as under the Regulatory Flexibility Act (5 costs on tribal governments or preempt
discussed in Section II of this preamble. U.S.C. 601 et seq.); tribal law.
EPA has made, and will continue to • Does not contain any unfunded
make, these materials generally List of Subjects in 40 CFR Part 52
mandate or significantly or uniquely
available through http:// affect small governments, as described Environmental protection, Air
www.regulations.gov and at the EPA in the Unfunded Mandates Reform Act pollution control, Incorporation by
Region III Office (please contact the of 1995 (Pub. L. 104–4); reference, Nitrogen dioxide, Ozone,
person identified in the FOR FURTHER • Does not have federalism Particulate matter, Reporting and
INFORMATION CONTACT section of this implications as specified in Executive recordkeeping requirements, Sulfur
preamble for more information). Order 13132 (64 FR 43255, August 10, oxides, Volatile organic compounds.
1999);
V. Statutory and Executive Order • Is not an economically significant Authority: 42 U.S.C. 7401 et seq.
Reviews regulatory action based on health or Dated: June 6, 2018.
Under the CAA, the Administrator is safety risks subject to Executive Order
Cecil Rodrigues,
required to approve a SIP submission 13045 (62 FR 19885, April 23, 1997);
that complies with the provisions of the • Is not a significant regulatory action Acting Regional Administrator, Region III.
CAA and applicable federal regulations. subject to Executive Order 13211 (66 FR [FR Doc. 2018–13045 Filed 6–15–18; 8:45 am]
42 U.S.C. 7410(k); 40 CFR 52.02(a). 28355, May 22, 2001); BILLING CODE 6560–50–P
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Document Created: 2018-06-18 15:50:29
Document Modified: 2018-06-18 15:50:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before July 18, 2018. | |
| Contact | Mr. David Talley, (215) 814-2117, or by email at [email protected] | |
| FR Citation | 83 FR 28179 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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