83_FR_31477 83 FR 31348 - Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Permits for Construction and Major Modification of Major Stationary Sources for the Prevention of Significant Deterioration of Air Quality

83 FR 31348 - Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Permits for Construction and Major Modification of Major Stationary Sources for the Prevention of Significant Deterioration of Air Quality

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 129 (July 5, 2018)

Page Range31348-31350
FR Document2018-14333

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 West Virginia's Prevention of Significant Deterioration (PSD) program. This action is being taken under the Clean Air Act (CAA).

Federal Register, Volume 83 Issue 129 (Thursday, July 5, 2018)
[Federal Register Volume 83, Number 129 (Thursday, July 5, 2018)]
[Proposed Rules]
[Pages 31348-31350]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14333]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0502; FRL-9980-32--Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Permits for Construction and Major Modification of Major 
Stationary Sources for the Prevention of Significant Deterioration of 
Air Quality

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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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 West Virginia's 
Prevention of Significant Deterioration (PSD) program. This action is 
being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before August 6, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0502 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: David Talley, (215) 814-2117, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On June 6, 2017, the West Virginia 
Department of Environmental Protection (WVDEP), on behalf of the State 
of West Virginia, submitted a revision to its PSD regulations found at 
title 45, chapter 14 of the Code of State Rules (CSR) as a revision to 
the West Virginia SIP.

I. Background

    WVDEP's June 6, 2017 SIP submittal included a number of revisions 
to West Virginia's PSD regulations under 45CSR14. The revisions were 
largely non-substantive and administrative in nature. However, as 
discussed in subsequent sections of this notice, WVDEP's SIP submittal 
also contained revisions to PSD provisions relating to the regulation 
of greenhouse gases (GHGs). Additionally, WVDEP's June 6, 2017 
submittal letter references EPA's conditional approval \1\ of two SIP 
submittals (June 6, 2012 and July 1, 2014), related to the regulation 
of fine particulate matter (PM2.5). Specifically, the letter 
states, ``. . .EPA may subsequently issue a final rule in which West 
Virginia's conditional approval of the 2012 and 2014 SIP revisions of 
45CSR14 will become final approvals.'' \2\ EPA notes that full and 
final approval has already been granted to West Virginia's 2012 and 
2014 submittals, and that there are no outstanding issues related to 
WVDEP's regulation of fine particulate matter (PM2.5). See 
81 FR 53008 (August 11, 2016).
---------------------------------------------------------------------------

    \1\ See 80 FR 36483 (June 25, 2015).
    \2\ See WVDEP's June 6, 2017 submittal letter, included in the 
docket for this action.
---------------------------------------------------------------------------

    In a June 3, 2010 final rulemaking action, EPA promulgated 
regulations known as ``the Tailoring Rule,'' which phased in permitting 
requirements for GHG emissions from stationary sources under the CAA 
PSD and title V permitting programs. See 75 FR 31514. For Step 1 of the 
Tailoring Rule, which began on January 2, 2011, PSD or title V 
requirements applied to sources of GHG emissions only if the sources 
were subject to PSD or title V ``anyway'' due to their emissions of 
non-GHG pollutants. These sources are referred to as ``anyway 
sources.'' Step 2 of the Tailoring Rule, which began on July 1, 2011, 
applied the PSD and title V permitting requirements under the CAA to 
sources that were classified as major, and, thus, required to obtain a 
permit, based solely on their potential GHG emissions. Step 2 also 
applied to modifications of otherwise major sources that required a PSD 
permit because they increased only GHGs above applicable levels in the 
EPA regulations.
    On June 23, 2014, the United States Supreme Court, in Utility Air 
Regulatory Group (UARG) v. Environmental Protection Agency,\3\ issued a 
decision addressing the Tailoring Rule and the application of PSD 
permitting requirements to GHG emissions. The Supreme Court said that 
the EPA may not treat GHGs as an air pollutant for purposes of 
determining whether a source is a major source required to obtain a PSD 
permit. The Court also said that the EPA could continue to require that 
PSD permits, otherwise required based on emissions of pollutants other 
than GHGs, contain limitations on GHG emissions based on the 
application of Best Available Control Technology (BACT). The Supreme 
Court decision effectively upheld PSD permitting requirements for GHG 
emissions under Step 1 of the Tailoring Rule for ``anyway sources'' and 
invalidated PSD permitting requirements for Step 2 sources.
---------------------------------------------------------------------------

    \3\ See 134 S.Ct. 2427.
---------------------------------------------------------------------------

    In accordance with the Supreme Court decision, on April 10, 2015, 
the U.S. Court of Appeals for the District of Columbia Circuit (D.C. 
Circuit) issued an amended judgment vacating the regulations that 
implemented Step 2 of the Tailoring Rule, but not the regulations that 
implement Step 1 of the

[[Page 31349]]

Tailoring Rule.\4\ The amended judgment preserves, without the need for 
additional rulemaking by the EPA, the application of the BACT 
requirement to GHG emissions from sources that are required to obtain a 
PSD permit based on emissions of pollutants other than GHGs (i.e., the 
``anyway'' sources). The D.C. Circuit's judgment vacated the 
regulations at issue in the litigation, including 40 CFR 
51.166(b)(48)(v), ``to the extent they require a stationary source to 
obtain a PSD permit if greenhouse gases are the only pollutant (i) that 
the source emits or has the potential to emit above the applicable 
major source thresholds, or (ii) for which there is a significant 
emissions increase from a modification.'' \5\
---------------------------------------------------------------------------

    \4\ Coalition for Responsible Regulation v. EPA, D.C. Cir., No. 
09-1322, 06/26/20, judgment entered for No. 09-1322 on 04/10/2015.
    \5\ Id.
---------------------------------------------------------------------------

    In response to these court decisions, EPA took final action on 
August 19, 2015 to remove the vacated elements from the federal PSD 
program. See 80 FR 50199. As discussed further in Section II of this 
notice, WVDEP's June 6, 2017 submittal included revisions enacted in 
order to make WVDEP's PSD program consistent with the federal program.

II. Summary of SIP Revision and EPA Analysis

    WVDEP's June 6, 2017 submittal included revisions to the definition 
of ``subject to regulation'' at subdivision 2.80 of 45-14-2. 
Specifically, subdivisions 2.80.e, 2.80.f, and 2.80.g were deleted in 
their entirety. These subdivisions were the mechanism through which 
WVDEP implemented the Tailoring Rule Step 2 provisions which were 
vacated and revised by EPA as a result of the UARG v. EPA decision 
discussed in Section I of this notice. WVDEP's revised definition of 
``subject to regulation'' is consistent with the federal definition at 
40 CFR 51.166(b)(48)(v) and 52.21(b)(49)(v), and ensures that the 
preconstruction permitting requirements of WVDEP's PSD program will be 
applied to GHG sources in a manner consistent with the Supreme Court 
decision in UARG v. EPA. Further, EPA finds that these deletions 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.
    In addition to the previously discussed revisions, WVDEP's June 6, 
2017 submittal included a number of non-substantive, clarifying or 
administrative revisions. These include the filing date and effective 
date at subdivisions 45-14-1.3 and 45-14-1.4, and the removal of 
references to the deleted subdivisions discussed in Section II.A of 
this notice. WVDEP provided an underline/strikeout version of 45CSR14 
so that all of the revisions can be tracked. A copy of this is included 
in the docket for today's action.

III. Proposed Action

    EPA is proposing to approve West Virginia's June 6, 2017 SIP 
revision to its PSD regulations under 45CSR14. West Virginia's June 6, 
2017 SIP revision is consistent with 40 CFR 51.166, CAA section 
110(a)(2), and is in accordance with section 110(l) of the CAA because 
it will not interfere with any applicable requirement concerning 
attainment and reasonable further progress, or any other applicable CAA 
requirement. EPA is soliciting public comments on the issues discussed 
in this rulemaking notice. 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 rules regarding definitions 
and permitting requirements 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, relating to the preconstruction 
requirements of West Virginia's PSD program, does not have tribal 
implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), because the SIP is not approved to apply in Indian 
country located in the state, and EPA notes that it will not impose 
substantial direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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


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


[[Page 31350]]


    Dated: June 21, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018-14333 Filed 7-3-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                31348                     Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Proposed Rules

                                                of the Commission (Public                                comments. Once submitted, comments                      Virginia’s 2012 and 2014 submittals,
                                                Representative) to represent the                         cannot be edited or removed from                        and that there are no outstanding issues
                                                interests of the general public in this                  Regulations.gov. For either manner of                   related to WVDEP’s regulation of fine
                                                proceeding.                                              submission, EPA may publish any                         particulate matter (PM2.5). See 81 FR
                                                                                                         comment received to its public docket.                  53008 (August 11, 2016).
                                                IV. Ordering Paragraphs                                  Do not submit electronically any                           In a June 3, 2010 final rulemaking
                                                  It is ordered:                                         information you consider to be                          action, EPA promulgated regulations
                                                  1. The Commission establishes Docket                   confidential business information (CBI)
                                                No. RM2018–7 to consider matters                                                                                 known as ‘‘the Tailoring Rule,’’ which
                                                                                                         or other information whose disclosure is
                                                raised by the Petition of the United                                                                             phased in permitting requirements for
                                                                                                         restricted by statute. Multimedia
                                                States Postal Service for the Initiation of                                                                      GHG emissions from stationary sources
                                                                                                         submissions (audio, video, etc.) must be
                                                a Proceeding to Consider Proposed                                                                                under the CAA PSD and title V
                                                                                                         accompanied by a written comment.
                                                Changes in Analytical Principles                                                                                 permitting programs. See 75 FR 31514.
                                                                                                         The written comment is considered the
                                                (Proposal Four), filed June 25, 2018.                    official comment and should include                     For Step 1 of the Tailoring Rule, which
                                                  2. Comments by interested persons in                   discussion of all points you wish to                    began on January 2, 2011, PSD or title
                                                this proceeding are due no later than                    make. EPA will generally not consider                   V requirements applied to sources of
                                                July 23, 2018.                                           comments or comment contents located                    GHG emissions only if the sources were
                                                  3. Pursuant to 39 U.S.C. 505, the                      outside of the primary submission (i.e.,                subject to PSD or title V ‘‘anyway’’ due
                                                Commission appoints Jennaca D.                           on the web, cloud, or other file sharing                to their emissions of non-GHG
                                                Upperman to serve as an officer of the                   system). For additional submission                      pollutants. These sources are referred to
                                                Commission (Public Representative) to                    methods, please contact the person                      as ‘‘anyway sources.’’ Step 2 of the
                                                represent the interests of the general                   identified in the FOR FURTHER                           Tailoring Rule, which began on July 1,
                                                public in this docket.                                   INFORMATION CONTACT section. For the                    2011, applied the PSD and title V
                                                  4. The Secretary shall arrange for                     full EPA public comment policy,                         permitting requirements under the CAA
                                                publication of this Order in the Federal                 information about CBI or multimedia                     to sources that were classified as major,
                                                Register.                                                submissions, and general guidance on                    and, thus, required to obtain a permit,
                                                                                                         making effective comments, please visit                 based solely on their potential GHG
                                                  By the Commission.
                                                                                                         http://www2.epa.gov/dockets/                            emissions. Step 2 also applied to
                                                Stacy L. Ruble,                                                                                                  modifications of otherwise major
                                                                                                         commenting-epa-dockets.
                                                Secretary.                                                                                                       sources that required a PSD permit
                                                                                                         FOR FURTHER INFORMATION CONTACT:
                                                [FR Doc. 2018–14349 Filed 7–3–18; 8:45 am]                                                                       because they increased only GHGs
                                                                                                         David Talley, (215) 814–2117, or by
                                                BILLING CODE 7710–FW–P
                                                                                                         email at talley.david@epa.gov.                          above applicable levels in the EPA
                                                                                                                                                                 regulations.
                                                                                                         SUPPLEMENTARY INFORMATION: On June 6,
                                                                                                         2017, the West Virginia Department of                      On June 23, 2014, the United States
                                                ENVIRONMENTAL PROTECTION                                 Environmental Protection (WVDEP), on                    Supreme Court, in Utility Air Regulatory
                                                AGENCY                                                   behalf of the State of West Virginia,                   Group (UARG) v. Environmental
                                                                                                         submitted a revision to its PSD                         Protection Agency,3 issued a decision
                                                40 CFR Part 52
                                                                                                         regulations found at title 45, chapter 14               addressing the Tailoring Rule and the
                                                [EPA–R03–OAR–2017–0502; FRL–9980–                        of the Code of State Rules (CSR) as a                   application of PSD permitting
                                                32—Region 3]                                             revision to the West Virginia SIP.                      requirements to GHG emissions. The
                                                                                                                                                                 Supreme Court said that the EPA may
                                                Approval and Promulgation of Air                         I. Background                                           not treat GHGs as an air pollutant for
                                                Quality Implementation Plans; West                          WVDEP’s June 6, 2017 SIP submittal                   purposes of determining whether a
                                                Virginia; Permits for Construction and                   included a number of revisions to West                  source is a major source required to
                                                Major Modification of Major Stationary                   Virginia’s PSD regulations under                        obtain a PSD permit. The Court also said
                                                Sources for the Prevention of                            45CSR14. The revisions were largely                     that the EPA could continue to require
                                                Significant Deterioration of Air Quality                 non-substantive and administrative in                   that PSD permits, otherwise required
                                                AGENCY:  Environmental Protection                        nature. However, as discussed in                        based on emissions of pollutants other
                                                Agency (EPA).                                            subsequent sections of this notice,                     than GHGs, contain limitations on GHG
                                                                                                         WVDEP’s SIP submittal also contained                    emissions based on the application of
                                                ACTION: Proposed rule.
                                                                                                         revisions to PSD provisions relating to                 Best Available Control Technology
                                                SUMMARY:   The Environmental Protection                  the regulation of greenhouse gases                      (BACT). The Supreme Court decision
                                                Agency (EPA) is proposing to approve a                   (GHGs). Additionally, WVDEP’s June 6,                   effectively upheld PSD permitting
                                                state implementation plan (SIP) revision                 2017 submittal letter references EPA’s                  requirements for GHG emissions under
                                                submitted by the State of West Virginia.                 conditional approval 1 of two SIP                       Step 1 of the Tailoring Rule for ‘‘anyway
                                                This revision pertains to West Virginia’s                submittals (June 6, 2012 and July 1,                    sources’’ and invalidated PSD
                                                Prevention of Significant Deterioration                  2014), related to the regulation of fine                permitting requirements for Step 2
                                                (PSD) program. This action is being                      particulate matter (PM2.5). Specifically,               sources.
                                                taken under the Clean Air Act (CAA).                     the letter states, ‘‘. . .EPA may
                                                                                                                                                                    In accordance with the Supreme
                                                                                                         subsequently issue a final rule in which
                                                DATES: Written comments must be                                                                                  Court decision, on April 10, 2015, the
                                                                                                         West Virginia’s conditional approval of
amozie on DSK3GDR082PROD with PROPOSALS1




                                                received on or before August 6, 2018.                                                                            U.S. Court of Appeals for the District of
                                                                                                         the 2012 and 2014 SIP revisions of
                                                ADDRESSES: Submit your comments,                                                                                 Columbia Circuit (D.C. Circuit) issued
                                                                                                         45CSR14 will become final approvals.’’ 2
                                                identified by Docket ID No. EPA–R03–                                                                             an amended judgment vacating the
                                                                                                         EPA notes that full and final approval
                                                OAR–2017–0502 at http://                                                                                         regulations that implemented Step 2 of
                                                                                                         has already been granted to West
                                                www.regulations.gov, or via email to                                                                             the Tailoring Rule, but not the
                                                duke.gerallyn@epa.gov. For comments                           1 See
                                                                                                                80 FR 36483 (June 25, 2015).
                                                                                                                                                                 regulations that implement Step 1 of the
                                                submitted at Regulations.gov, follow the                      2 See
                                                                                                                WVDEP’s June 6, 2017 submittal letter,
                                                online instructions for submitting                       included in the docket for this action.                   3 See   134 S.Ct. 2427.



                                           VerDate Sep<11>2014   16:03 Jul 03, 2018   Jkt 244001   PO 00000     Frm 00006   Fmt 4702   Sfmt 4702   E:\FR\FM\05JYP1.SGM   05JYP1


                                                                          Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Proposed Rules                                              31349

                                                Tailoring Rule.4 The amended judgment                    administrative revisions. These include               October 4, 1993) and 13563 (76 FR 3821,
                                                preserves, without the need for                          the filing date and effective date at                 January 21, 2011);
                                                additional rulemaking by the EPA, the                    subdivisions 45–14–1.3 and 45–14–1.4,                    • Is not an Executive Order 13771 (82
                                                application of the BACT requirement to                   and the removal of references to the                  FR 9339, February 2, 2017) regulatory
                                                GHG emissions from sources that are                      deleted subdivisions discussed in                     action because SIP approvals are
                                                required to obtain a PSD permit based                    Section II.A of this notice. WVDEP                    exempted under Executive Order 12866;
                                                on emissions of pollutants other than                    provided an underline/strikeout version                  • Does not impose an information
                                                GHGs (i.e., the ‘‘anyway’’ sources). The                 of 45CSR14 so that all of the revisions               collection burden under the provisions
                                                D.C. Circuit’s judgment vacated the                      can be tracked. A copy of this is                     of the Paperwork Reduction Act (44
                                                regulations at issue in the litigation,                  included in the docket for today’s                    U.S.C. 3501 et seq.);
                                                including 40 CFR 51.166(b)(48)(v), ‘‘to                  action.
                                                                                                                                                                  • Is certified as not having a
                                                the extent they require a stationary                     III. Proposed Action                                  significant economic impact on a
                                                source to obtain a PSD permit if
                                                                                                            EPA is proposing to approve West                   substantial number of small entities
                                                greenhouse gases are the only pollutant
                                                                                                         Virginia’s June 6, 2017 SIP revision to               under the Regulatory Flexibility Act (5
                                                (i) that the source emits or has the
                                                                                                         its PSD regulations under 45CSR14.                    U.S.C. 601 et seq.);
                                                potential to emit above the applicable
                                                major source thresholds, or (ii) for                     West Virginia’s June 6, 2017 SIP                         • Does not contain any unfunded
                                                which there is a significant emissions                   revision is consistent with 40 CFR                    mandate or significantly or uniquely
                                                increase from a modification.’’ 5                        51.166, CAA section 110(a)(2), and is in              affect small governments, as described
                                                   In response to these court decisions,                 accordance with section 110(l) of the                 in the Unfunded Mandates Reform Act
                                                EPA took final action on August 19,                      CAA because it will not interfere with                of 1995 (Pub. L. 104–4);
                                                2015 to remove the vacated elements                      any applicable requirement concerning                    • Does not have federalism
                                                from the federal PSD program. See 80                     attainment and reasonable further                     implications as specified in Executive
                                                FR 50199. As discussed further in                        progress, or any other applicable CAA                 Order 13132 (64 FR 43255, August 10,
                                                Section II of this notice, WVDEP’s June                  requirement. EPA is soliciting public                 1999);
                                                6, 2017 submittal included revisions                     comments on the issues discussed in                      • Is not an economically significant
                                                enacted in order to make WVDEP’s PSD                     this rulemaking notice. These comments                regulatory action based on health or
                                                program consistent with the federal                      will be considered before taking final                safety risks subject to Executive Order
                                                program.                                                 action.                                               13045 (62 FR 19885, April 23, 1997);
                                                II. Summary of SIP Revision and EPA                      IV. Incorporation by Reference                           • Is not a significant regulatory action
                                                Analysis                                                   In this proposed rule, EPA is                       subject to Executive Order 13211 (66 FR
                                                                                                         proposing to include in a final EPA rule              28355, May 22, 2001);
                                                   WVDEP’s June 6, 2017 submittal
                                                                                                         regulatory text that includes                            • Is not subject to requirements of
                                                included revisions to the definition of
                                                                                                         incorporation by reference. In                        section 12(d) of the National
                                                ‘‘subject to regulation’’ at subdivision
                                                                                                         accordance with requirements of 1 CFR                 Technology Transfer and Advancement
                                                2.80 of 45–14–2. Specifically,
                                                                                                         51.5, EPA is proposing to incorporate by              Act of 1995 (15 U.S.C. 272 note) because
                                                subdivisions 2.80.e, 2.80.f, and 2.80.g
                                                                                                         reference the West Virginia rules                     application of those requirements would
                                                were deleted in their entirety. These
                                                                                                         regarding definitions and permitting                  be inconsistent with the CAA; and
                                                subdivisions were the mechanism
                                                through which WVDEP implemented                          requirements discussed in Section II of                  • Does not provide EPA with the
                                                the Tailoring Rule Step 2 provisions                     this preamble. EPA has made, and will                 discretionary authority to address, as
                                                which were vacated and revised by EPA                    continue to make, these materials                     appropriate, disproportionate human
                                                as a result of the UARG v. EPA decision                  generally available through http://                   health or environmental effects, using
                                                discussed in Section I of this notice.                   www.regulations.gov and at the EPA                    practicable and legally permissible
                                                WVDEP’s revised definition of ‘‘subject                  Region III Office (please contact the                 methods, under Executive Order 12898
                                                to regulation’’ is consistent with the                   person identified in the FOR FURTHER                  (59 FR 7629, February 16, 1994).
                                                federal definition at 40 CFR                             INFORMATION CONTACT section of this                      In addition, this proposed rule,
                                                51.166(b)(48)(v) and 52.21(b)(49)(v), and                preamble for more information).                       relating to the preconstruction
                                                ensures that the preconstruction                         V. Statutory and Executive Order                      requirements of West Virginia’s PSD
                                                permitting requirements of WVDEP’s                       Reviews                                               program, does not have tribal
                                                PSD program will be applied to GHG                                                                             implications as specified by Executive
                                                                                                           Under the CAA, the Administrator is                 Order 13175 (65 FR 67249, November 9,
                                                sources in a manner consistent with the
                                                                                                         required to approve a SIP submission                  2000), because the SIP is not approved
                                                Supreme Court decision in UARG v.
                                                                                                         that complies with the provisions of the              to apply in Indian country located in the
                                                EPA. Further, EPA finds that these
                                                                                                         CAA and applicable federal regulations.               state, and EPA notes that it will not
                                                deletions are in accordance with section
                                                                                                         42 U.S.C. 7410(k); 40 CFR 52.02(a).                   impose substantial direct costs on tribal
                                                110(l) of the CAA because they will not
                                                                                                         Thus, in reviewing SIP submissions,                   governments or preempt tribal law.
                                                interfere with any applicable
                                                                                                         EPA’s role is to approve state choices,
                                                requirement concerning attainment and                                                                          List of Subjects in 40 CFR Part 52
                                                                                                         provided that they meet the criteria of
                                                reasonable further progress, or any other
                                                                                                         the CAA. Accordingly, this action                       Environmental protection, Air
                                                applicable CAA requirement.
                                                                                                         merely approves state law as meeting                  pollution control, Carbon monoxide,
amozie on DSK3GDR082PROD with PROPOSALS1




                                                   In addition to the previously
                                                                                                         federal requirements and does not                     Incorporation by reference,
                                                discussed revisions, WVDEP’s June 6,
                                                                                                         impose additional requirements beyond                 Intergovernmental relations, Lead,
                                                2017 submittal included a number of
                                                                                                         those imposed by state law. For that                  Nitrogen dioxide, Ozone, Particulate
                                                non-substantive, clarifying or
                                                                                                         reason, this proposed action:                         matter, Reporting and recordkeeping
                                                                                                           • Is not a ‘‘significant regulatory
                                                  4 Coalition for Responsible Regulation v. EPA,                                                               requirements, Sulfur oxides, Volatile
                                                D.C. Cir., No. 09–1322, 06/26/20, judgment entered       action’’ subject to review by the Office
                                                                                                                                                               organic compounds.
                                                for No. 09–1322 on 04/10/2015.                           of Management and Budget under
                                                  5 Id.                                                  Executive Orders 12866 (58 FR 51735,                    Authority: 42 U.S.C. 7401 et seq.



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                                                31350                     Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Proposed Rules

                                                  Dated: June 21, 2018.                                  from Regulations.gov. For either manner                adequate provisions to prohibit in-state
                                                Cosmo Servidio,                                          of submission, EPA may publish any                     emissions activities from having certain
                                                Regional Administrator, Region III.                      comment received to its public docket.                 adverse air quality effects on other states
                                                [FR Doc. 2018–14333 Filed 7–3–18; 8:45 am]               Do not submit electronically any                       due to interstate transport of air
                                                BILLING CODE 6560–50–P
                                                                                                         information you consider to be                         pollution. There are four prongs within
                                                                                                         confidential business information (CBI)                section 110(a)(2)(D)(i) of the CAA;
                                                                                                         or other information whose disclosure is               section 110(a)(2)(D)(i)(I) contains prongs
                                                ENVIRONMENTAL PROTECTION                                 restricted by statute. Multimedia                      1 and 2, while section 110(a)(2)(D)(i)(II)
                                                AGENCY                                                   submissions (audio, video, etc.) must be               includes prongs 3 and 4. Under section
                                                                                                         accompanied by a written comment.                      110(a)(2)(D)(i)(I), also called the good
                                                40 CFR Part 52                                           The written comment is considered the                  neighbor provision, a state’s SIP must
                                                [EPA–R03–OAR–2014–0701; FRL–9980–                        official comment and should include                    contain adequate provisions to prohibit
                                                33—Region 3]                                             discussion of all points you wish to                   any source or other type of emissions
                                                                                                         make. EPA will generally not consider                  activity within the state from emitting
                                                Air Plan Approval; District of                           comments or comment contents located                   air pollutants that ‘‘contribute
                                                Columbia; State Implementation Plan                      outside of the primary submission (i.e.                significantly to nonattainment in, or
                                                for the Interstate Transport                             on the web, cloud, or other file sharing               interfere with maintenance by, any
                                                Requirements for the 2008 Ozone                          system). For additional submission                     other state with respect to any such
                                                Standard                                                 methods, please contact the person                     national primary or secondary ambient
                                                                                                         identified in the FOR FURTHER                          air quality standard.’’ Under section
                                                AGENCY:  Environmental Protection                        INFORMATION CONTACT section. For the                   110(a)(2)(D)(i)(I) of the CAA, EPA gives
                                                Agency (EPA).                                            full EPA public comment policy,                        independent significance to the matter
                                                ACTION: Proposed rule.                                   information about CBI or multimedia                    of nonattainment (prong 1) and to that
                                                SUMMARY:    The Environmental Protection                 submissions, and general guidance on                   of maintenance (prong 2). Section
                                                Agency (EPA) is proposing to approve a                   making effective comments, please visit                110(a)(2)(D)(i)(II) of the CAA requires
                                                portion of the state implementation plan                 http://www2.epa.gov/dockets/                           SIPs to contain adequate provisions to
                                                (SIP) revision submitted by the District                 commenting-epa-dockets.                                prohibit emissions that will interfere
                                                of Columbia (the District) that pertains                 FOR FURTHER INFORMATION CONTACT:                       with measures required to be included
                                                to the good neighbor and interstate                      Ellen Schmitt, (215) 814–5787, or by                   in the applicable implementation plan
                                                transport requirements of the Clean Air                  email at schmitt.ellen@epa.gov.                        for any other state under part C to
                                                Act (CAA) for the 2008 ozone national                    SUPPLEMENTARY INFORMATION: On June                     prevent significant deterioration of air
                                                ambient air quality standards (NAAQS).                   13, 2014, the District Department of the               quality (prong 3) or to protect visibility
                                                The CAA’s good neighbor provision                        Environment (DDOE) on behalf of the                    (prong 4). This proposed action
                                                requires EPA and states to address the                   District submitted a revision to its SIP               addresses only prongs 1 and 2 of section
                                                interstate transport of air pollution that               to satisfy the requirements of section                 110(a)(2)(D)(i).3
                                                affects the ability of other states 1 to                 110(a)(2), including 110(a)(2)(D)(i), of                 Through the development and
                                                attain and maintain the NAAQS.                           the CAA for the 2008 ozone NAAQS.                      implementation of several previous
                                                Specifically, the good neighbor                          I. Background                                          rulemakings,4 EPA, working in
                                                provision requires each state in its SIP                                                                        partnership with states, established the
                                                to prohibit emissions that will                             On March 12, 2008, EPA revised the                  four-step interstate transport framework
                                                significantly contribute to                              levels of the primary and secondary                    to address the requirements of the good
                                                nonattainment, or interfere with                         ozone standards from 0.08 parts per                    neighbor provision for ozone NAAQS.5
                                                maintenance, of a NAAQS in another                       million (ppm) to 0.075 ppm (73 FR                      The four steps are: Step 1—Identify
                                                state. The District has submitted a SIP                  16436). Ground level ozone is formed                   downwind receptors that are expected
                                                revision that addresses the good                         when nitrogen oxides (NOX) and                         to have problems attaining or
                                                neighbor provision for the 2008 ozone                    volatile organic compounds (VOCs)                      maintaining the NAAQS; step 2—
                                                NAAQS. In this action, EPA is                            react in the presence of sunlight. NOX                 determine which upwind states
                                                proposing to approve the District’s SIP                  and VOCs are referred to as ozone                      contribute enough to these identified
                                                as having adequate provisions to meet                    precursors and are emitted by many                     downwind air quality problems to
                                                the requirements of the good neighbor                    types of pollution sources, including                  warrant further review and analysis;
                                                provision for the 2008 ozone NAAQS in                    motor vehicles, power plants, industrial               step 3—identify the emissions
                                                accordance with section 110 of the                       facilities, and area wide sources, such as             reductions necessary to prevent an
                                                CAA.                                                     consumer products and lawn and                         identified upwind state from
                                                                                                         garden equipment. Scientific evidence                  contributing significantly to those
                                                DATES: Written comments must be
                                                                                                         indicates that adverse public health                   downwind air quality problems; and
                                                received on or before August 6, 2018.
                                                                                                         effects occur following exposure to                    step 4—adopt permanent and
                                                ADDRESSES: Submit your comments,
                                                                                                         ozone. Section 110(a)(1) of the CAA
                                                identified by Docket ID No. EPA–R03–                     requires states to submit, within three                  3 All the other infrastructure SIP elements for the
                                                OAR–2014–0701 at http://                                 years after promulgation of a new or                   District for the 2008 ozone NAAQS were addressed
                                                www.regulations.gov, or via email to                     revised NAAQS, SIPs meeting the                        in a separate rulemaking. See 80 FR 19538 (May 13,
                                                spielberger.susan@epa.gov. For
amozie on DSK3GDR082PROD with PROPOSALS1




                                                                                                         applicable elements of sections                        2015).
                                                comments submitted at Regulations.gov,                   110(a)(2).2 Section 110(a)(2)(D)(i)
                                                                                                                                                                  4 NO SIP Call. 63 FR 57356 (October 27, 1998);
                                                                                                                                                                       X
                                                follow the online instructions for                                                                              Clean Air Interstate Rule (CAIR). 70 FR 25162 (May
                                                                                                         generally requires SIPs to contain                     12, 2005); Cross-State Air Pollution Rule (CSAPR).
                                                submitting comments. Once submitted,                                                                            75 FR 48208 (August 8, 2011); and CSAPR Update.
                                                comments cannot be edited or removed                       2 SIP revisions that are intended to meet the        81 FR 74504 (October 26, 2016).
                                                                                                         requirements of section 110(a)(1) and (2) of the CAA     5 The four-step interstate framework has also been
                                                  1 The term state has the same meaning as               are often referred to as infrastructure SIPs and the   used to address requirements of the good neighbor
                                                provided in CAA section 302(d) which specifically        elements under 110(a)(2) are referred to as            provision for some previous particulate matter (PM)
                                                includes the District of Columbia.                       infrastructure requirements.                           NAAQS.



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Document Created: 2018-07-03 23:40:36
Document Modified: 2018-07-03 23:40:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before August 6, 2018.
ContactDavid Talley, (215) 814-2117, or by email at [email protected]
FR Citation83 FR 31348 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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