83 FR 36823 - Approval and Promulgation of Air Quality Implementation Plans; West Virginia; 2018 Amendments to West Virginia's Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 147 (July 31, 2018)

Page Range		36823-36824
FR Document		2018-16375

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of West Virginia. This revision updates the effective date by which the state incorporates by reference the national ambient air quality standards (NAAQS) as well as their monitoring reference and equivalent methods. This action is being taken under the Clean Air Act (CAA).

Federal Register, Volume 83 Issue 147 (Tuesday, July 31, 2018)

[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Proposed Rules]
[Pages 36823-36824]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16375]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0550; FRL-9981-60--Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; 2018 Amendments to West Virginia's Ambient Air Quality 
Standards

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 updates the effective date by 
which the state incorporates by reference the national ambient air 
quality standards (NAAQS) as well as their monitoring reference and 
equivalent methods. This action is being taken under the Clean Air Act 
(CAA).

DATES: Written comments must be received on or before August 30, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0550 at http://www.regulations.gov, or via email to 
spielberger.susan@epa.gov. 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

[[Page 36824]]

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: Joseph Schulingkamp, (215) 814-2021, 
or by email at schulingkamp.joseph@epa.gov.

SUPPLEMENTARY INFORMATION: On June 8, 2018, the West Virginia 
Department of Environmental Protection (WVDEP) submitted a formal 
revision to its SIP pertaining to amendments of Legislative Rule, 
45CSR8--Ambient Air Quality Standards. The SIP revision consists of 
revising the effective date of the incorporation by reference of the 
NAAQS and the associated monitoring reference and equivalent methods.

I. Summary of SIP Revision

    This SIP revision is required by WVDEP in order to update the 
State's incorporation by reference of the primary and secondary NAAQS 
and the ambient air monitoring reference and equivalent methods, found 
in 40 CFR parts 50 and 53, respectively. Currently, 45CSR8 incorporates 
by reference 40 CFR parts 50 and 53 as effective on June 1, 2016. Since 
that date, EPA retained the standard for lead and made a technical 
correction to the particulate standard. See 81 FR 71906 and 82 FR 
14325, respectively. EPA also designated one new ambient air monitoring 
reference method for measuring concentrations of sulfur dioxide, four 
new ambient air monitoring equivalent methods for measuring 
concentrations of fine and coarse particulate matter (PM2.5 
and PM10, respectively), and two new equivalent methods for 
measuring concentrations of nitrogen dioxide (NO2) in 
ambient air.
    The amendments to the legislative rule include the following 
changes: To section 45-8-1 (General), the filing, effective, and 
incorporation by reference 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 the primary and 
secondary NAAQS and the ambient air monitoring reference and equivalent 
methods are changed. The filing and effective dates of the legislative 
rule were updated to March 22, 2018 and June 1, 2018 respectively. The 
effective date of the incorporation by reference of 40 CFR parts 50 and 
53 changed from June 1, 2016 to June 1, 2017.

II. Proposed Action

    EPA is proposing to approve the West Virginia SIP revision updating 
the date of incorporation by reference, which was submitted on June 8, 
2018. EPA is soliciting public comments on the issues discussed in this 
document. These comments will be considered before taking final action.

III. 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 45CSR8, as effective on June 1, 2018. 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).

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule, updating the effective date of 
West Virginia's 45CSR8, does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Sulfur oxides.

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

    Dated: July 23, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018-16375 Filed 7-30-18; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules 36823

Nitrogen,’’ 12 for purposes of satisfying of Management and Budget under Authority: 42 U.S.C. 7401 et seq.
the 2008 8-hour ozone standard RACT Executive Order 12866 (58 FR 51735, Dated: July 23, 2018.
requirements, NOX RACT for major October 4, 1993) and 13563 (76 FR 382, Peter D. Lopez,
sources, Non-CTG VOC RACT for major January 21, 2011); Regional Administrator, Region 2.
sources, all VOC CTG RACT sources • is not an Executive Order 13771 (82
[FR Doc. 2018–16378 Filed 7–30–18; 8:45 am]
and relevant OTR RACT requirements. FR 9339, February 2, 2017) regulatory
BILLING CODE 6560–50–P
The EPA is also proposing to approve action because SIP approvals are exempt
portions of New Jersey’s January 2, 2018 under Executive Order 12866;
SIP revision that certifies the State has • does not impose an information
collection burden under the provisions ENVIRONMENTAL PROTECTION
satisfied the requirements for an AGENCY
enhanced motor vehicle I/M program, of the Paperwork Reduction Act (44
an emission statement program, an U.S.C. 3501 et seq.); 40 CFR Part 52
ozone specific provisions NNSR • is certified as not having a
program. As indicated in footnote 5, significant economic impact on a [EPA–R03–OAR–2018–0550; FRL–9981–
substantial number of small entities 60—Region 3]
above, the EPA will address the
remainder of the January 2, 2018 SIP under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.); Approval and Promulgation of Air
submittal in a separate rulemaking. Quality Implementation Plans; West
The EPA is soliciting public • does not contain any unfunded
mandate or significantly or uniquely Virginia; 2018 Amendments to West
comments on the issues discussed in Virginia’s Ambient Air Quality
this proposal. These comments will be affect small governments, as described
in the Unfunded Mandates Reform Act Standards
considered before the EPA takes final
action. Interested parties may of 1995 (Pub. L. 104–4); AGENCY: Environmental Protection
participate in the Federal rulemaking • does not have Federalism Agency (EPA).
procedure by submitting written implications as specified in Executive
ACTION: Proposed rule.
comments as discussed in the Order 13132 (64 FR 43255, August 10,
ADDRESSES section of this rulemaking. 1999); SUMMARY: The Environmental Protection
• is not an economically significant Agency (EPA) is proposing to approve a
VI. Incorporation by Reference regulatory action based on health or state implementation plan (SIP) revision
In this rule, the EPA is proposing to safety risks subject to Executive Order submitted by the State of West Virginia.
include in a final EPA rule regulatory 13045 (62 FR 19885, April 23, 1997); This revision updates the effective date
text that includes incorporation by • is not a significant regulatory action by which the state incorporates by
reference. In accordance with subject to Executive Order 13211 (66 FR reference the national ambient air
requirements of 1 CFR 51.5, the EPA is 28355, May 22, 2001); quality standards (NAAQS) as well as
proposing to incorporate by reference of • is not subject to requirements of their monitoring reference and
revisions to Title 7, Chapter 27: Section 12(d) of the National equivalent methods. This action is being
Subchapters 16 and 19 of the New Technology Transfer and Advancement taken under the Clean Air Act (CAA).
Jersey Administrative Code that Act of 1995 (15 U.S.C. 272 note) because
DATES: Written comments must be
implements New Jersey’s RACT application of those requirements would
received on or before August 30, 2018.
regulations for VOCs and NOX, as be inconsistent with the CAA; and
described in section III of this preamble. • does not provide EPA with the ADDRESSES: Submit your comments,
discretionary authority to address, as identified by Docket ID No. EPA–R03–
The EPA has made, and will continue
appropriate, disproportionate human OAR–2018–0550 at http://
to make, these materials generally
health or environmental effects, using www.regulations.gov, or via email to
available through www.regulations.gov
practicable and legally permissible spielberger.susan@epa.gov. For
and at the EPA Region 2 Office (please
methods, under Executive Order 12898 comments submitted at Regulations.gov,
contact the person identified in the FOR
(59 FR 7629, February 16, 1994). follow the online instructions for
FURTHER INFORMATION CONTACT section of
In addition, this proposed rulemaking submitting comments. Once submitted,
this preamble for more information).
action, pertaining to New Jersey’s 2008 comments cannot be edited or removed
VII. Statutory and Executive Order 8-hour ozone RACT submission the is from Regulations.gov. For either manner
Reviews not approved to apply on any Indian of submission, EPA may publish any
Under the CAA, the Administrator is reservation land or in any other area comment received to its public docket.
required to approve a SIP submission where EPA or an Indian tribe has Do not submit electronically any
that complies with the provisions of the demonstrated that a tribe has information you consider to be
CAA and applicable Federal regulations. jurisdiction. In those areas of Indian confidential business information (CBI)
42 U.S.C. 7410(k); 40 CFR 52.02(a). country, the rule does not have tribal or other information whose disclosure is
Thus, in reviewing SIP submissions, implications and will not impose restricted by statute. Multimedia
EPA’s role is to approve state choices, substantial direct costs on tribal submissions (audio, video, etc.) must be
provided that they meet the criteria of governments or preempt tribal law as accompanied by a written comment.
the CAA. Accordingly, this action specified by Executive Order 13175 (65 The written comment is considered the
merely proposes to approve state law as FR 67249, November 9, 2000). official comment and should include
meeting Federal requirements and does discussion of all points you wish to
daltland on DSKBBV9HB2PROD with PROPOSALS

List of Subjects in 40 CFR Part 52 make. EPA will generally not consider
not impose additional requirements
beyond those imposed by state law. For Environmental protection, Air comments or comment contents located
that reason, this proposed action: pollution control, Incorporation by outside of the primary submission (i.e.,
• Is not a ‘‘significant regulatory reference, Nitrogen Dioxide, on the web, cloud, or other file sharing
action’’ subject to review by the Office Intergovernmental Relations, Ozone, system). For additional submission
Reporting and recordkeeping methods, please contact the person
12 State Effective dates for both rules is November requirements, Volatile Organic identified in the FOR FURTHER
6, 2017 (49 N.J.R. 3518). Compounds. INFORMATION CONTACT section. For the

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36824 Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules

full EPA public comment policy, II. Proposed Action Order 13132 (64 FR 43255, August 10,
information about CBI or multimedia EPA is proposing to approve the West 1999);
submissions, and general guidance on Virginia SIP revision updating the date • is not an economically significant
making effective comments, please visit of incorporation by reference, which regulatory action based on health or
http://www2.epa.gov/dockets/ was submitted on June 8, 2018. EPA is safety risks subject to Executive Order
commenting-epa-dockets. soliciting public comments on the 13045 (62 FR 19885, April 23, 1997);
issues discussed in this document. • is not a significant regulatory action
FOR FURTHER INFORMATION CONTACT:
These comments will be considered subject to Executive Order 13211 (66 FR
Joseph Schulingkamp, (215) 814–2021, 28355, May 22, 2001);
or by email at schulingkamp.joseph@ before taking final action.
• is not subject to requirements of
epa.gov. III. Incorporation by Reference Section 12(d) of the National
SUPPLEMENTARY INFORMATION: On June 8, In this proposed rule, EPA is Technology Transfer and Advancement
2018, the West Virginia Department of proposing to include in a final EPA rule Act of 1995 (15 U.S.C. 272 note) because
Environmental Protection (WVDEP) regulatory text that includes application of those requirements would
submitted a formal revision to its SIP incorporation by reference. In be inconsistent with the CAA; and
pertaining to amendments of Legislative accordance with requirements of 1 CFR • does not provide EPA with the
Rule, 45CSR8—Ambient Air Quality 51.5, EPA is proposing to incorporate by discretionary authority to address, as
Standards. The SIP revision consists of reference 45CSR8, as effective on June 1, appropriate, disproportionate human
revising the effective date of the 2018. EPA has made, and will continue health or environmental effects, using
incorporation by reference of the to make, these materials generally practicable and legally permissible
NAAQS and the associated monitoring available through http:// methods, under Executive Order 12898
www.regulations.gov and at the EPA (59 FR 7629, February 16, 1994).
reference and equivalent methods.
Region III Office (please contact the In addition, this proposed rule,
I. Summary of SIP Revision person identified in the FOR FURTHER updating the effective date of West
INFORMATION CONTACT section of this Virginia’s 45CSR8, does not have tribal
This SIP revision is required by preamble for more information). implications as specified by Executive
WVDEP in order to update the State’s Order 13175 (65 FR 67249, November 9,
incorporation by reference of the IV. Statutory and Executive Order
Reviews 2000), because the SIP is not approved
primary and secondary NAAQS and the to apply in Indian country located in the
ambient air monitoring reference and Under the CAA, the Administrator is state, and EPA notes that it will not
equivalent methods, found in 40 CFR required to approve a SIP submission impose substantial direct costs on tribal
parts 50 and 53, respectively. Currently, that complies with the provisions of the governments or preempt tribal law.
45CSR8 incorporates by reference 40 CAA and applicable federal regulations.
CFR parts 50 and 53 as effective on June 42 U.S.C. 7410(k); 40 CFR 52.02(a). List of Subjects in 40 CFR Part 52
1, 2016. Since that date, EPA retained Thus, in reviewing SIP submissions, Environmental protection, Air
the standard for lead and made a EPA’s role is to approve state choices, pollution control, Carbon monoxide,
technical correction to the particulate provided that they meet the criteria of Incorporation by reference, Lead,
standard. See 81 FR 71906 and 82 FR the CAA. Accordingly, this action Nitrogen dioxide, Ozone, Particulate
14325, respectively. EPA also merely approves state law as meeting matter, Sulfur oxides.
designated one new ambient air federal requirements and does not
Authority: 42 U.S.C. 7401 et seq.
monitoring reference method for impose additional requirements beyond
measuring concentrations of sulfur those imposed by state law. For that Dated: July 23, 2018.
dioxide, four new ambient air reason, this proposed action: Cosmo Servidio,
monitoring equivalent methods for • Is not a ‘‘significant regulatory Regional Administrator, Region III.
measuring concentrations of fine and action’’ subject to review by the Office [FR Doc. 2018–16375 Filed 7–30–18; 8:45 am]
coarse particulate matter (PM2.5 and of Management and Budget under BILLING CODE 6560–50–P
PM10, respectively), and two new Executive Orders 12866 (58 FR 51735,
equivalent methods for measuring October 4, 1993) and 13563 (76 FR 3821,
concentrations of nitrogen dioxide January 21, 2011); ENVIRONMENTAL PROTECTION
(NO2) in ambient air. • is not an Executive Order 13771 (82 AGENCY
FR 9339, February 2, 2017) regulatory
The amendments to the legislative action because SIP approvals are 40 CFR Part 52
rule include the following changes: To exempted under Executive Order 12866.
[EPA–R10–OAR–2018–0238, FRL–9981–
section 45–8–1 (General), the filing, • does not impose an information 61—Region 10]
effective, and incorporation by reference collection burden under the provisions
dates are changed to reflect the update of the Paperwork Reduction Act (44 Air Plan Approval; Oregon: Lane
of the legislative rule; to section U.S.C. 3501 et seq.); County Permitting and General Rule
45–8–3 (Adoption of Standards), the • is certified as not having a Revisions
effective dates for the incorporation by significant economic impact on a
reference of the primary and secondary substantial number of small entities AGENCY: Environmental Protection
NAAQS and the ambient air monitoring under the Regulatory Flexibility Act (5 Agency (EPA).
daltland on DSKBBV9HB2PROD with PROPOSALS

reference and equivalent methods are U.S.C. 601 et seq.); ACTION: Proposed rule.
changed. The filing and effective dates • does not contain any unfunded
of the legislative rule were updated to mandate or significantly or uniquely SUMMARY: The Environmental Protection
March 22, 2018 and June 1, 2018 affect small governments, as described Agency (EPA) proposes to approve, and
respectively. The effective date of the in the Unfunded Mandates Reform Act incorporate by reference, specific
incorporation by reference of 40 CFR of 1995 (Pub. L. 104–4); changes to the Oregon State
parts 50 and 53 changed from June 1, • does not have federalism Implementation Plan as it applies in
2016 to June 1, 2017. implications as specified in Executive Lane County, Oregon. The local air

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Document Created: 2018-11-06 10:30:18
Document Modified: 2018-11-06 10:30:18

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 August 30, 2018.
Contact		Joseph Schulingkamp, (215) 814-2021, or by email at [email protected]
FR Citation		83 FR 36823
CFR Associated		Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Lead; Nitrogen Dioxide; Ozone; Particulate Matter and Sulfur Oxides