83 FR 48716 - 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 188 (September 27, 2018)
Federal Register Volume 83, Issue 188 (September 27, 2018)
| Page Range | 48716-48719 | |
| FR Document | 2018-20966 |
[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)] [Rules and Regulations] [Pages 48716-48719] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20966] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2017-0502; FRL-9984-48--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: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the State of West Virginia. This revision pertains to West Virginia's Prevention of Significant Deterioration (PSD) program. This action is being taken under the Clean Air Act (CAA). DATES: This final rule is effective on October 29, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2017-0502. All documents in the docket are listed on the http://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the For Further Information Contact section for additional availability information. FOR FURTHER INFORMATION CONTACT: David Talley, (215) 814-2117, or by email at talley.david@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On July 5, 2018 (83 FR 31348), EPA published a notice of proposed rulemaking (NPRM) for the State of West Virginia. In the NPRM, EPA proposed approval of a revision to the PSD regulations found at title 45, chapter 14 of the Code of State Rules (CSR) as a revision to the West Virginia SIP. The formal SIP revision was submitted by West Virginia Department of Environmental Protection (WVDEP) on behalf of the State of West Virginia on June 6, 2017. 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). 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,\1\ 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. --------------------------------------------------------------------------- \1\ 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 Tailoring Rule.\2\ 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 [[Page 48717]] which there is a significant emissions increase from a modification.'' \3\ --------------------------------------------------------------------------- \2\ 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. \3\ 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. Other specific requirements of West Virginia's June 6, 2017 submittal and the rationale for EPA's proposed action are explained in the NPR and will not be restated here. III. Public Comments EPA received one set of comments on the July 5, 2018 NPR. These comments are included in the docket for this action. However, the comments did not concern any of the specific issues raised in the NPR, nor did they address EPA's rationale for the proposed approval of WVDEP's submittal. Therefore, EPA is not addressing them here. IV. Final Action EPA is approving WVDEP's June 6, 2017 submittal as a revision to the West Virginia SIP. V. Incorporation by Reference In this document, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of 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 www.regulations.gov and at the EPA Region III Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference in the next update to the SIP compilation.\4\ --------------------------------------------------------------------------- \4\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- VI. Statutory and Executive Order Reviews A. General Requirements Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it [[Page 48718]] is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 26, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action pertaining to West Virginia's PSD program may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: September 10, 2018. Cecil Rodrigues, Acting Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart XX--West Virginia 0 2. In Sec. 52.2520, the table entitled ``EPA-Approved Regulations in the West Virginia SIP'' in paragraph (c) is amended by revising the entries for sections 45-14-1 through 45-14-21, 45-14-25, and 45-14-26 to read as follows: Sec. 52.2520 Identification of plan. * * * * * (c) * * * EPA-Approved Regulations in the West Virginia SIP ---------------------------------------------------------------------------------------------------------------- Additional State citation [Chapter 16-20 State explanation/ or 45 CSR] Title/subject effective EPA approval date citation at 40 CFR date 52.2565 ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- [45CSR] Series 1 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration ---------------------------------------------------------------------------------------------------------------- Section 45-14-1............... General.............. 6/1/17 9/27/2018 [Insert Administrative Federal Register changes. citation]. Section 45-14-2............... Definitions.......... 6/1/17 9/27/2018 [Insert Administrative Federal Register changes; revised citation]. definition of ``subject to regulation''. Section 45-14-3............... Applicability........ 6/1/17 9/27/2018 [Insert New state effective Federal Register date. citation]. Section 45-14-4............... Ambient Air Quality 6/1/17 9/27/2018 [Insert New state effective Increments and Federal Register date. Ceilings. citation]. Section 45-14-5............... Area Classification.. 6/1/17 9/27/2018 [Insert New state effective Federal Register date. citation]. Section 45-14-6............... Prohibition of 6/1/17 9/27/2018 [Insert New state effective Dispersion Federal Register date. Enhancement citation]. Techniques. Section 45-14-7............... Registration, Report 6/1/17 9/27/2018 [Insert Administrative and Permit Federal Register changes. Requirements for citation]. Major Stationary Sources and Major Modifications. Section 45-14-8............... Requirements Relating 6/1/17 9/27/2018 [Insert Administrative to Control Federal Register changes. Technology. citation]. Section 45-14-9............... Requirements Relating 6/1/17 9/27/2018 [Insert Administrative to the Source's Federal Register changes. Impact on Air citation]. Quality. Section 45-14-10.............. Modeling Requirements 6/1/17 9/27/2018 [Insert New state effective Federal Register date. citation]. Section 45-14-11.............. Air Quality 6/1/17 9/27/2018 [Insert Administrative Monitoring Federal Register changes. Requirements. citation]. Section 45-14-12.............. Additional Impacts 6/1/17 9/27/2018 [Insert New state effective Analysis Federal Register date. Requirements. citation]. Section 45-14-13.............. Additional 6/1/17 9/27/2018 [Insert Administrative Requirements and Federal Register changes. Variances for Source citation]. Impacting Federal Class 1 Areas. Section 45-14-14.............. Procedures for 6/1/17 9/27/2018 [Insert Administrative Sources Employing Federal Register changes. Innovative Control citation]. Technology. Section 45-14-15.............. Exclusions From 6/1/17 9/27/2018 [Insert Administrative Increment Federal Register changes. Consumption. citation]. Section 45-14-16.............. Specific Exemptions.. 6/1/17 9/27/2018 [Insert Administrative Federal Register changes. citation]. Section 45-14-17.............. Public Review 6/1/17 9/27/2018 [Insert Administrative Procedures. Federal Register changes. citation]. Section 45-14-18.............. Public Meetings...... 6/1/17 9/27/2018 [Insert New state effective Federal Register date. citation]. Section 45-14-19.............. Permit Transfer, 6/1/17 9/27/2018 [Insert Administrative Cancellation and Federal Register changes. Responsibility. citation]. [[Page 48719]] Section 45-14-20.............. Disposition of 6/1/17 9/27/2018 [Insert New state effective Permits. Federal Register date. citation]. Section 45-14-21.............. Conflict with Other 6/1/17 9/27/2018 [Insert Administrative Permitting Rules. Federal Register changes. citation]. Section 45-14-25.............. Actual PALs.......... 6/1/17 9/27/2018 [Insert Administrative Federal Register changes. citation]. Section 45-14-26.............. Inconsistency Between 6/1/17 9/27/2018 [Insert Administrative Rules. Federal Register changes. citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-20966 Filed 9-26-18; 8:45 am] BILLING CODE 6560-50-P
![48716 Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Rules and Regulations
Department of Transportation, and the (PSD) program. This action is being as ‘‘anyway sources.’’ Step 2 of the
U.S. Department of Transportation are taken under the Clean Air Act (CAA). Tailoring Rule, which began on July 1,
required to use the provisions of the DATES: This final rule is effective on 2011, applied the PSD and title V
Missoula PM10 LMP for future October 29, 2018. permitting requirements under the CAA
transportation conformity ADDRESSES: EPA has established a to sources that were classified as major,
determinations for projects in the docket for this action under Docket ID and, thus, required to obtain a permit,
Missoula PM10 nonattainment area. Number EPA–R03–OAR–2017–0502. All based solely on their potential GHG
Please refer to 40 CFR 81.327 for a documents in the docket are listed on emissions. Step 2 also applied to
description of the nonattainment area the http://www.regulations.gov website. modifications of otherwise major
boundary. On the effective date of this Although listed in the index, some sources that required a PSD permit
adequacy determination, the previously- information is not publicly available, because they increased only GHGs
approved PM10 MVEB of 16,119 pounds e.g., confidential business information above applicable levels in the EPA
per day of PM104 for the Missoula PM10 (CBI) or other information whose regulations.
NAAQS nonattainment area will no disclosure is restricted by statute. On June 23, 2014, the United States
longer be applicable for transportation Certain other material, such as Supreme Court, in Utility Air Regulatory
conformity purposes. copyrighted material, is not placed on Group (UARG) v. Environmental
Please note that our adequacy review the internet and will be publicly Protection Agency,1 issued a decision
of the LMP for transportation available only in hard copy form. addressing the Tailoring Rule and the
conformity is separate from our future Publicly available docket materials are application of PSD permitting
rulemaking action on the Missoula PM10 available through http:// requirements to GHG emissions. The
redesignation request and LMP SIP www.regulations.gov, or please contact Supreme Court said that the EPA may
revision and should not be used to the person identified in the FOR FURTHER not treat GHGs as an air pollutant for
prejudge our ultimate approval or INFORMATION CONTACT section for purposes of determining whether a
disapproval of that SIP revision. Even if additional availability information. source is a major source required to
we find the Missoula PM10 LMP FOR FURTHER INFORMATION CONTACT: obtain a PSD permit. The Court also said
adequate for transportation conformity David Talley, (215) 814–2117, or by that the EPA could continue to require
purposes now, we may later find it email at talley.david@epa.gov. that PSD permits, otherwise required
necessary to disapprove the SIP based on emissions of pollutants other
SUPPLEMENTARY INFORMATION:
revision. Should this situation arise, we than GHGs, contain limitations on GHG
would revisit our adequacy finding. I. Background emissions based on the application of
Authority: 42 U.S.C. 7401 et seq. On July 5, 2018 (83 FR 31348), EPA Best Available Control Technology
Dated: September 14, 2018. published a notice of proposed (BACT). The Supreme Court decision
Douglas Benevento, rulemaking (NPRM) for the State of effectively upheld PSD permitting
West Virginia. In the NPRM, EPA requirements for GHG emissions under
Regional Administrator, EPA Region 8.
proposed approval of a revision to the Step 1 of the Tailoring Rule for ‘‘anyway
[FR Doc. 2018–20446 Filed 9–26–18; 8:45 am]
PSD regulations found at title 45, sources’’ and invalidated PSD
BILLING CODE 6560–50–P
chapter 14 of the Code of State Rules permitting requirements for Step 2
(CSR) as a revision to the West Virginia sources.
SIP. The formal SIP revision was In accordance with the Supreme
ENVIRONMENTAL PROTECTION
submitted by West Virginia Department Court decision, on April 10, 2015, the
AGENCY
of Environmental Protection (WVDEP) U.S. Court of Appeals for the District of
40 CFR Part 52 on behalf of the State of West Virginia Columbia Circuit (D.C. Circuit) issued
on June 6, 2017. an amended judgment vacating the
[EPA–R03–OAR–2017–0502; FRL–9984– WVDEP’s June 6, 2017 SIP submittal
48—Region 3] regulations that implemented Step 2 of
included a number of revisions to West the Tailoring Rule, but not the
Virginia’s PSD regulations under regulations that implement Step 1 of the
Approval and Promulgation of Air
45CSR14. The revisions were largely Tailoring Rule.2 The amended judgment
Quality Implementation Plans; West
non-substantive and administrative in preserves, without the need for
Virginia; Permits for Construction and
nature. However, as discussed in additional rulemaking by the EPA, the
Major Modification of Major Stationary
subsequent sections of this notice, application of the BACT requirement to
Sources for the Prevention of
WVDEP’s SIP submittal also contained GHG emissions from sources that are
Significant Deterioration of Air Quality
revisions to PSD provisions relating to required to obtain a PSD permit based
AGENCY: Environmental Protection the regulation of greenhouse gases on emissions of pollutants other than
Agency (EPA). (GHGs). GHGs (i.e., the ‘‘anyway’’ sources). The
ACTION: Final rule. In a June 3, 2010 final rulemaking D.C. Circuit’s judgment vacated the
action, EPA promulgated regulations regulations at issue in the litigation,
SUMMARY: The Environmental Protection known as ‘‘the Tailoring Rule,’’ which including 40 CFR 51.166(b)(48)(v), ‘‘to
Agency (EPA) is approving a state phased in permitting requirements for the extent they require a stationary
implementation plan (SIP) revision GHG emissions from stationary sources source to obtain a PSD permit if
submitted by the State of West Virginia. under the CAA PSD and title V greenhouse gases are the only pollutant
This revision pertains to West Virginia’s permitting programs. See 75 FR 31514. (i) that the source emits or has the
For Step 1 of the Tailoring Rule, which
daltland on DSKBBV9HB2PROD with RULES
Prevention of Significant Deterioration potential to emit above the applicable
began on January 2, 2011, PSD or title major source thresholds, or (ii) for
4 The PM
10 MVEB was originally derived from the V requirements applied to sources of
motor vehicle source category of the emissions GHG emissions only if the sources were 1 See 134 S.Ct. 2427.
inventory for the Missoula PM10 nonattainment
area; see the EPA ’s SIP approvals of December 13,
subject to PSD or title V ‘‘anyway’’ due 2 Coalition for Responsible Regulation v. EPA,
1994 (59 FR 64133) and August 30, 1995 (60 FR to their emissions of non-GHG D.C. Cir., No. 09–1322, 06/26/20, judgment entered
45051.) pollutants. These sources are referred to for No. 09–1322 on 04/10/2015.
VerDate Sep<11>2014 16:04 Sep 26, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\27SER1.SGM 27SER1](https://thefederalregister.org/doc/83_FR_48904/page/1.svg)
![48718 Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Rules and Regulations
is published in the Federal Register. enforce its requirements. (See section PART 52—APPROVAL AND
This action is not a ‘‘major rule’’ as 307(b)(2).) PROMULGATION OF
defined by 5 U.S.C. 804(2). IMPLEMENTATION PLANS
List of Subjects in 40 CFR Part 52
C. Petitions for Judicial Review
Environmental protection, Air ■ 1. The authority citation for part 52
Under section 307(b)(1) of the CAA, continues to read as follows:
petitions for judicial review of this pollution control, Carbon monoxide,
Incorporation by reference, Authority: 42 U.S.C. 7401 et seq.
action must be filed in the United States
Court of Appeals for the appropriate Intergovernmental relations, Nitrogen
Subpart XX—West Virginia
circuit by November 26, 2018. Filing a dioxide, Ozone, Particulate matter,
petition for reconsideration by the Reporting and recordkeeping ■ 2. In § 52.2520, the table entitled
Administrator of this final rule does not requirements, Sulfur oxides, Volatile ‘‘EPA-Approved Regulations in the West
affect the finality of this action for the organic compounds. Virginia SIP’’ in paragraph (c) is
purposes of judicial review nor does it Dated: September 10, 2018. amended by revising the entries for
extend the time within which a petition sections 45–14–1 through 45–14–21,
Cecil Rodrigues,
for judicial review may be filed, and 45–14–25, and 45–14–26 to read as
shall not postpone the effectiveness of Acting Regional Administrator, Region III.
follows:
such rule or action. 40 CFR part 52 is amended as follows:
This action pertaining to West § 52.2520 Identification of plan.
Virginia’s PSD program may not be * * * * *
challenged later in proceedings to (c) * * *
EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP
State citation State Additional explanation/
[Chapter 16–20 or Title/subject effective EPA approval date citation at
45 CSR] date 40 CFR 52.2565
* * * * * * *
[45CSR] Series 1 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of
Significant Deterioration
Section 45–14–1 .... General .......................................................... 6/1/17 9/27/2018 [Insert Federal Administrative changes.
Register citation].
Section 45–14–2 .... Definitions ...................................................... 6/1/17 9/27/2018 [Insert Federal Administrative changes; re-
Register citation]. vised definition of ‘‘subject to
regulation’’.
Section 45–14–3 .... Applicability .................................................... 6/1/17 9/27/2018 [Insert Federal New state effective date.
Register citation].
Section 45–14–4 .... Ambient Air Quality Increments and Ceilings 6/1/17 9/27/2018 [Insert Federal New state effective date.
Register citation].
Section 45–14–5 .... Area Classification ......................................... 6/1/17 9/27/2018 [Insert Federal New state effective date.
Register citation].
Section 45–14–6 .... Prohibition of Dispersion Enhancement 6/1/17 9/27/2018 [Insert Federal New state effective date.
Techniques. Register citation].
Section 45–14–7 .... Registration, Report and Permit Require- 6/1/17 9/27/2018 [Insert Federal Administrative changes.
ments for Major Stationary Sources and Register citation].
Major Modifications.
Section 45–14–8 .... Requirements Relating to Control Tech- 6/1/17 9/27/2018 [Insert Federal Administrative changes.
nology. Register citation].
Section 45–14–9 .... Requirements Relating to the Source’s Im- 6/1/17 9/27/2018 [Insert Federal Administrative changes.
pact on Air Quality. Register citation].
Section 45–14–10 .. Modeling Requirements ................................. 6/1/17 9/27/2018 [Insert Federal New state effective date.
Register citation].
Section 45–14–11 .. Air Quality Monitoring Requirements ............ 6/1/17 9/27/2018 [Insert Federal Administrative changes.
Register citation].
Section 45–14–12 .. Additional Impacts Analysis Requirements ... 6/1/17 9/27/2018 [Insert Federal New state effective date.
Register citation].
Section 45–14–13 .. Additional Requirements and Variances for 6/1/17 9/27/2018 [Insert Federal Administrative changes.
Source Impacting Federal Class 1 Areas. Register citation].
Section 45–14–14 .. Procedures for Sources Employing Innova- 6/1/17 9/27/2018 [Insert Federal Administrative changes.
tive Control Technology. Register citation].
Section 45–14–15 .. Exclusions From Increment Consumption .... 6/1/17 9/27/2018 [Insert Federal Administrative changes.
Register citation].
Section 45–14–16 .. Specific Exemptions ...................................... 6/1/17 9/27/2018 [Insert Federal Administrative changes.
daltland on DSKBBV9HB2PROD with RULES
Register citation].
Section 45–14–17 .. Public Review Procedures ............................ 6/1/17 9/27/2018 [Insert Federal Administrative changes.
Register citation].
Section 45–14–18 .. Public Meetings ............................................. 6/1/17 9/27/2018 [Insert Federal New state effective date.
Register citation].
Section 45–14–19 .. Permit Transfer, Cancellation and Responsi- 6/1/17 9/27/2018 [Insert Federal Administrative changes.
bility. Register citation].
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![Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Rules and Regulations 48719
EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued
State citation State Additional explanation/cita-
[Chapter 16–20 or Title/subject effective EPA approval date tion
45 CSR] date at 40 CFR 52.2565
Section 45–14–20 .. Disposition of Permits ....................................... 6/1/17 9/27/2018 [Insert Federal New state effective date.
Register citation].
Section 45–14–21 .. Conflict with Other Permitting Rules ................ 6/1/17 9/27/2018 [Insert Federal Administrative changes.
Register citation].
Section 45–14–25 .. Actual PALs ...................................................... 6/1/17 9/27/2018 [Insert Federal Administrative changes.
Register citation].
Section 45–14–26 .. Inconsistency Between Rules ........................... 6/1/17 9/27/2018 [Insert Federal Administrative changes.
Register citation].
* * * * * * *
* * * * * FOR FURTHER INFORMATION CONTACT: If published, is indicated in the fourth
[FR Doc. 2018–20966 Filed 9–26–18; 8:45 am] you want to determine whether a column of the table. No direct Federal
BILLING CODE 6560–50–P particular community was suspended financial assistance (except assistance
on the suspension date or for further pursuant to the Robert T. Stafford
information, contact Adrienne L. Disaster Relief and Emergency
DEPARTMENT OF HOMELAND Sheldon, PE, CFM, Federal Insurance Assistance Act not in connection with a
SECURITY and Mitigation Administration, Federal flood) may be provided for construction
Emergency Management Agency, 400 C or acquisition of buildings in identified
Federal Emergency Management Street SW, Washington, DC 20472, (202) SFHAs for communities not
Agency 212–3966. participating in the NFIP and identified
SUPPLEMENTARY INFORMATION: The NFIP
for more than a year on FEMA’s initial
44 CFR Part 64 FIRM for the community as having
enables property owners to purchase
flood-prone areas (section 202(a) of the
Federal flood insurance that is not
[Docket ID FEMA–2018–0002; Internal Flood Disaster Protection Act of 1973,
Agency Docket No. FEMA–8549]
otherwise generally available from
42 U.S.C. 4106(a), as amended). This
private insurers. In return, communities
prohibition against certain types of
Suspension of Community Eligibility agree to adopt and administer local
Federal assistance becomes effective for
floodplain management measures aimed
AGENCY: Federal Emergency the communities listed on the date
at protecting lives and new construction
Management Agency, DHS. shown in the last column. The
from future flooding. Section 1315 of
Administrator finds that notice and
ACTION: Final rule. the National Flood Insurance Act of
public comment procedures under 5
1968, as amended, 42 U.S.C. 4022, U.S.C. 553(b), are impracticable and
SUMMARY: This rule identifies prohibits the sale of NFIP flood
communities where the sale of flood unnecessary because communities listed
insurance unless an appropriate public in this final rule have been adequately
insurance has been authorized under body adopts adequate floodplain
the National Flood Insurance Program notified.
management measures with effective Each community receives 6-month,
(NFIP) that are scheduled for enforcement measures. The
suspension on the effective dates listed 90-day, and 30-day notification letters
communities listed in this document no addressed to the Chief Executive Officer
within this rule because of longer meet that statutory requirement
noncompliance with the floodplain stating that the community will be
for compliance with program suspended unless the required
management requirements of the regulations, 44 CFR part 59.
program. If the Federal Emergency floodplain management measures are
Accordingly, the communities will be met prior to the effective suspension
Management Agency (FEMA) receives suspended on the effective date in the
documentation that the community has date. Since these notifications were
third column. As of that date, flood made, this final rule may take effect
adopted the required floodplain insurance will no longer be available in
management measures prior to the within less than 30 days.
the community. We recognize that some National Environmental Policy Act.
effective suspension date given in this of these communities may adopt and FEMA has determined that the
rule, the suspension will not occur and submit the required documentation of community suspension(s) included in
a notice of this will be provided by legally enforceable floodplain this rule is a non-discretionary action
publication in the Federal Register on a management measures after this rule is and therefore the National
subsequent date. Also, information published but prior to the actual Environmental Policy Act of 1969 (42
identifying the current participation suspension date. These communities U.S.C. 4321 et seq.) does not apply.
status of a community can be obtained will not be suspended and will continue Regulatory Flexibility Act. The
from FEMA’s Community Status Book to be eligible for the sale of NFIP flood Administrator has determined that this
(CSB). The CSB is available at https:// insurance. A notice withdrawing the rule is exempt from the requirements of
www.fema.gov/national-flood- suspension of such communities will be the Regulatory Flexibility Act because
daltland on DSKBBV9HB2PROD with RULES
insurance-program-community-status- published in the Federal Register. the National Flood Insurance Act of
book. In addition, FEMA publishes a Flood 1968, as amended, Section 1315, 42
DATES: The effective date of each Insurance Rate Map (FIRM) that U.S.C. 4022, prohibits flood insurance
community’s scheduled suspension is identifies the Special Flood Hazard coverage unless an appropriate public
the third date (‘‘Susp.’’) listed in the Areas (SFHAs) in these communities. body adopts adequate floodplain
third column of the following tables. The date of the FIRM, if one has been management measures with effective
VerDate Sep<11>2014 16:04 Sep 26, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\27SER1.SGM 27SER1](https://thefederalregister.org/doc/83_FR_48904/page/4.svg)
Document Created: 2018-09-27 01:04:18
Document Modified: 2018-09-27 01:04:18
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on October 29, 2018. | |
| Contact | David Talley, (215) 814-2117, or by email at [email protected] | |
| FR Citation | 83 FR 48716 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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