83_FR_50458 83 FR 50264 - Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Interstate Transport Requirements for the 2012 Fine Particulate Matter Standard

83 FR 50264 - Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Interstate Transport Requirements for the 2012 Fine Particulate Matter Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 194 (October 5, 2018)

Page Range50264-50266
FR Document2018-21668

The Environmental Protection Agency (EPA) is approving a State implementation plan (SIP) revision submitted by the State of West Virginia. This revision pertains to the infrastructure requirement for interstate transport of pollution with respect to the 2012 fine particulate matter (PM<INF>2.5</INF>) national ambient air quality standards (NAAQS). EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 83 Issue 194 (Friday, October 5, 2018)
[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Rules and Regulations]
[Pages 50264-50266]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21668]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0373; FRL-9984-96-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Interstate Transport Requirements for the 2012 Fine 
Particulate Matter Standard

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 the infrastructure requirement for 
interstate transport of pollution with respect to the 2012 fine 
particulate matter (PM2.5) national ambient air quality 
standards (NAAQS). EPA is approving this revision in accordance with 
the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on November 5, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2016-0373. All documents in the docket are listed on 
the https://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 
https://www.regulations.gov, or please contact the person identified in 
the For Further Information Contact section for additional availability 
information.

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

SUPPLEMENTARY INFORMATION:

I. Background

    On November 17, 2015, the State of West Virginia, through the West 
Virginia Department of Environmental Protection (WVDEP), submitted a 
SIP revision addressing all required infrastructure elements under CAA 
section 110(a) for the 2012 PM2.5 NAAQS. As stated in the 
notice of proposed rulemaking (NPRM) published on August 3, 2018, EPA 
has previously taken action on other portions of the November 17, 2015 
submittal addressing requirements in CAA section 110(a)(2) for the 2012 
PM2.5 NAAQS, and EPA is taking rulemaking action herein on 
only the portion of the November 12, 2015 submittal addressing 
requirements in CAA section 110(a)(2)(D)(i)(I) (prongs 1 and 2). See 83 
FR 38112. In addition, EPA stated in the NPRM that the Agency had 
proposed separate action on the portion of the November 12, 2015 
submittal addressing requirements in CAA section 110(a)(2)(D)(i)(II) 
(prong 4). See 83 FR 27734 (June 14, 2018) (proposing approval of the 
November 12, 2015 submittal for prong 4). EPA is not at this time 
taking final action on the 2015 SIP submittal addressing prong 4. For 
more information on particulate pollution, EPA's infrastructure 
requirements, and interstate transport requirements, see Section I of 
the August 3, 2018 NPRM.

II. Summary of SIP Revision and EPA Analysis

    West Virginia's November 17, 2015 SIP submittal stated that the 
current West Virginia SIP contains adequate measures to ensure that the 
State will not cause significant contribution to nonattainment in, or 
interfere with the maintenance of, any other State with respect to the 
2012 PM2.5 NAAQS. West Virginia refers to the measures 
detailed in the section pertaining to requirements in CAA section 
110(a)(2)(A), which included numerous SIP-approved measures and other 
federally enforceable measures, under the CAA, that apply to sources of 
PM2.5 and its precursors within West Virginia.
    In evaluating whether the measures identified by West Virginia 
addressed CAA section 110(a)(2)(D)(i), EPA used the information in the 
memorandum dated March 17, 2016, entitled, ``Information on the 
Interstate Transport ``Good Neighbor'' Provision for the 2012 Fine 
Particulate Matter National Ambient Air Quality Standards under Clean 
Air Act Section 110(a)(2)(D)(i)(I),'' Memorandum from Stephen D. Page, 
Director, EPA Office of Air Quality Planning and Standards, https://www.epa.gov/sites/production/files/2016-08/documents/good-neighbor-memo_implementation.pdf (the 2016 PM2.5 Memorandum). This 
2016 PM2.5 Memorandum is included in the docket for this 
rulemaking action. After considering the 2016 PM2.5 
Memorandum and additional information, EPA came to the same conclusion 
as West Virginia and proposed in the NPRM that West Virginia's 
emissions do not significantly contribute to nonattainment or interfere 
with maintenance in another State with respect to the 2012 
PM2.5 NAAQS.
    A detailed summary of West Virginia's submittal, EPA's review, and 
the rationale for EPA's conclusion approving the November 17, 2015 
submittal as addressing requirements of prongs 1 and 2 are explained in 
the NPRM and the technical support document (TSD) that accompanied the 
NPRM and will not be restated here. The TSD is available online at 
www.regulations.gov, Docket number EPA-R03-OAR-2016-0373.

III. Response to Comments

    EPA received a total of three comments on the August 3, 2018 NPRM. 
Two comments generally discussed matters irrelevant to this rulemaking. 
As these two comments did not concern any of the specific issues raised 
in the NPRM or address EPA's rationale for the proposed approval of 
West Virginia's submittal, EPA provides no response to these comments. 
EPA did receive one relevant comment; that comment, and EPA's response 
is discussed in this Section of this rulemaking action.
    Comment: The commenter first stated that EPA did not need to 
analyze interstate transport of PM2.5 emissions from West 
Virginia to California, Idaho, or Florida, and further questioned the 
likelihood of West Virginia's PM2.5 emissions impacting 
those three States. The commenter then stated that EPA's time and 
limited resources would be better spent on other more meaningful 
issues, especially since it took three years to develop the analysis 
EPA presented.
    Response: First, with respect to the period of time for EPA's 
analysis, CAA section 110(a)(1) requires all States to submit a SIP 
addressing the elements of CAA section 110(a)(2), including CAA section 
110(a)(2)(D)(i)(I) on interstate transport, within three years of EPA 
promulgating a new or revised NAAQS. Further, CAA section 110(k)(2) and 
(3) requires EPA action on the SIP submission within twelve months of 
EPA finding the SIP submission complete. Therefore, the submission of a 
SIP addressing interstate transport requirements for the 2012 
PM2.5 NAAQS

[[Page 50265]]

in CAA section 110(a)(2)(D)(i)(I) is required by the CAA as is EPA's 
action on such SIP submittal. In addition, the requirement for a new 
infrastructure SIP submission provides an opportunity for the air 
agency, the public, and EPA to review the basics of the air quality 
management program in light of each new or revised NAAQS. In the case 
of CAA section 110(a)(2)(D)(i)(I), this review is specifically focused 
on whether a State's SIP will prevent interference with attainment or 
maintenance of the NAAQS in a nearby State, and meets requirements for 
prevention of significant deterioration and visibility in another 
State, as well as international pollution.
    Second, with regards to EPA's analysis of West Virginia's impact on 
California, Idaho, or Florida, EPA disagrees that such an analysis is 
not necessary. As discussed in the TSD and in EPA's 2016 
PM2.5 Memorandum, most of the potential areas of concern 
with nonattainment or maintenance issues for the 2012 PM2.5 
NAAQS were located in California, Shoshone County, Idaho, and in 
Allegheny County, Pennsylvania. In addition, the 2016 PM2.5 
Memorandum noted air quality monitoring data quality problems in all or 
portions of Florida, Illinois, Idaho (outside of Shoshone County), 
Tennessee, and Kentucky. Subsequent to the 2016 PM2.5 
Memorandum's release, data quality problems were resolved for Idaho 
(outside of Shoshone County), Tennessee, Kentucky, and portions of 
Florida. Therefore, the remaining potential receptors of interest 
included 17 receptors in California, one receptor in Shoshone County, 
Idaho, one receptor in Allegheny County, Pennsylvania, four counties in 
Florida, and all of Illinois.\1\ Based on this information from the 
2016 PM2.5 Memorandum and the resolution of the monitoring 
quality issues, EPA narrowed the scope of analysis down to these 
remaining potential receptors and did not evaluate the entire 
continental United States for potential contribution to downwind 
PM2.5 nonattainment and maintenance receptors. While EPA 
agrees that the likelihood of West Virginia's sources of 
PM2.5 emissions contributing to attainment or maintenance 
air quality issues in geographically distant areas in California, 
Florida, and Idaho is unlikely, EPA and the State are still obligated 
to analyze whether the State's sources will significantly contribute to 
nonattainment or interfere in the maintenance of, the NAAQS at those 
receptors and at receptors in other States. In addressing this 
obligation, EPA relied upon the information in the TSD and on the 2016 
PM2.5 Memorandum to conclude West Virginia's SIP was 
adequate to prevent West Virginia sources from significantly 
contributing to nonattainment or interfering with maintenance in other 
States.
---------------------------------------------------------------------------

    \1\ A receptor is a monitor within the photochemical modeling 
domain that is modeled as ``receiving'' emissions.
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IV. Final Action

    EPA is approving the November 17, 2015 SIP revision as it addresses 
the interstate transport requirements for the 2012 PM2.5 
NAAQS in CAA section 110(a)(2)(D)(i)(I).

V. 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 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 December 4, 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, addressing West Virginia's interstate transport 
obligations with respect to the 2012 PM2.5 NAAQS, may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

[[Page 50266]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter.

    Dated: September 25, 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 in paragraph (e) is amended by:
0
a. Revising the entry for ``Section 110(a)(2) Infrastructure 
Requirements for the 2012 PM2.5 NAAQS''; and
0
b. Adding a second entry entitled ``Section 110(a)(2) Infrastructure 
Requirements for the 2012 PM2.5 NAAQS'' at the end of the 
table.
    The revision and addition read as follows:


Sec.  52.2520  Identification of plan.

* * * * *
    (e) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         State
 Name of non-regulatory SIP revision    Applicable geographic area  submittal date             EPA approval date               Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Section 110(a)(2) Infrastructure       Statewide..................        11/17/15  5/12/17, 82 FR 22078..................  Docket #2016-0373. This
 Requirements for the 2012 PM2.5                                                                                             action addresses the
 NAAQS.                                                                                                                      following CAA elements of
                                                                                                                             section 110(a)(2): A, B, C,
                                                                                                                             D(i)(II) (prong 3), D(ii),
                                                                                                                             E, F, G, H, J, K, L, and M,
                                                                                                                             or portions thereof.
Section 110(a)(2) Infrastructure       Statewide..................        11/17/15  10/5/18 [Insert Federal Register        Docket #2016-0373. This
 Requirements for the 2012 PM2.5                                                     citation].                              action addresses CAA
 NAAQS.                                                                                                                      section 110(a)(2)(D)(i)(I)
                                                                                                                             (prongs 1 and 2).
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-21668 Filed 10-4-18; 8:45 am]
BILLING CODE 6560-50-P



                                             50264              Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations

                                               Dated: October 2, 2018.                               I. Background                                         2016-08/documents/good-neighbor-
                                             Joseph S. Dufresne,                                       On November 17, 2015, the State of                  memo_implementation.pdf (the 2016
                                             Captain, U.S. Coast Guard, Captain of the               West Virginia, through the West                       PM2.5 Memorandum). This 2016 PM2.5
                                             Port Buffalo.                                           Virginia Department of Environmental                  Memorandum is included in the docket
                                             [FR Doc. 2018–21717 Filed 10–4–18; 8:45 am]             Protection (WVDEP), submitted a SIP                   for this rulemaking action. After
                                             BILLING CODE 9110–04–P                                  revision addressing all required                      considering the 2016 PM2.5
                                                                                                     infrastructure elements under CAA                     Memorandum and additional
                                                                                                     section 110(a) for the 2012 PM2.5                     information, EPA came to the same
                                                                                                     NAAQS. As stated in the notice of                     conclusion as West Virginia and
                                             ENVIRONMENTAL PROTECTION                                proposed rulemaking (NPRM) published                  proposed in the NPRM that West
                                             AGENCY                                                                                                        Virginia’s emissions do not significantly
                                                                                                     on August 3, 2018, EPA has previously
                                                                                                                                                           contribute to nonattainment or interfere
                                                                                                     taken action on other portions of the
                                             40 CFR Part 52                                                                                                with maintenance in another State with
                                                                                                     November 17, 2015 submittal
                                                                                                                                                           respect to the 2012 PM2.5 NAAQS.
                                                                                                     addressing requirements in CAA section                  A detailed summary of West
                                             [EPA–R03–OAR–2016–0373; FRL–9984–96–                    110(a)(2) for the 2012 PM2.5 NAAQS,
                                             Region 3]                                                                                                     Virginia’s submittal, EPA’s review, and
                                                                                                     and EPA is taking rulemaking action                   the rationale for EPA’s conclusion
                                                                                                     herein on only the portion of the                     approving the November 17, 2015
                                             Approval and Promulgation of Air
                                                                                                     November 12, 2015 submittal                           submittal as addressing requirements of
                                             Quality Implementation Plans; West
                                                                                                     addressing requirements in CAA section                prongs 1 and 2 are explained in the
                                             Virginia; Interstate Transport
                                                                                                     110(a)(2)(D)(i)(I) (prongs 1 and 2). See              NPRM and the technical support
                                             Requirements for the 2012 Fine
                                                                                                     83 FR 38112. In addition, EPA stated in               document (TSD) that accompanied the
                                             Particulate Matter Standard
                                                                                                     the NPRM that the Agency had                          NPRM and will not be restated here.
                                             AGENCY:  Environmental Protection                       proposed separate action on the portion               The TSD is available online at
                                             Agency (EPA).                                           of the November 12, 2015 submittal                    www.regulations.gov, Docket number
                                                                                                     addressing requirements in CAA section                EPA–R03–OAR–2016–0373.
                                             ACTION: Final rule.
                                                                                                     110(a)(2)(D)(i)(II) (prong 4). See 83 FR
                                                                                                     27734 (June 14, 2018) (proposing                      III. Response to Comments
                                             SUMMARY:   The Environmental Protection
                                             Agency (EPA) is approving a State                       approval of the November 12, 2015                        EPA received a total of three
                                             implementation plan (SIP) revision                      submittal for prong 4). EPA is not at this            comments on the August 3, 2018 NPRM.
                                             submitted by the State of West Virginia.                time taking final action on the 2015 SIP              Two comments generally discussed
                                             This revision pertains to the                           submittal addressing prong 4. For more                matters irrelevant to this rulemaking. As
                                             infrastructure requirement for interstate               information on particulate pollution,                 these two comments did not concern
                                             transport of pollution with respect to                  EPA’s infrastructure requirements, and                any of the specific issues raised in the
                                             the 2012 fine particulate matter (PM2.5)                interstate transport requirements, see                NPRM or address EPA’s rationale for the
                                             national ambient air quality standards                  Section I of the August 3, 2018 NPRM.                 proposed approval of West Virginia’s
                                             (NAAQS). EPA is approving this                                                                                submittal, EPA provides no response to
                                                                                                     II. Summary of SIP Revision and EPA
                                             revision in accordance with the                                                                               these comments. EPA did receive one
                                                                                                     Analysis
                                             requirements of the Clean Air Act                                                                             relevant comment; that comment, and
                                             (CAA).                                        West Virginia’s November 17, 2015                               EPA’s response is discussed in this
                                                                                        SIP submittal stated that the current                              Section of this rulemaking action.
                                             DATES: This final rule is effective on     West Virginia SIP contains adequate                                   Comment: The commenter first stated
                                             November 5, 2018.                          measures to ensure that the State will                             that EPA did not need to analyze
                                             ADDRESSES: EPA has established a           not cause significant contribution to                              interstate transport of PM2.5 emissions
                                             docket for this action under Docket ID     nonattainment in, or interfere with the                            from West Virginia to California, Idaho,
                                             Number EPA–R03–OAR–2016–0373. All maintenance of, any other State with                                        or Florida, and further questioned the
                                             documents in the docket are listed on      respect to the 2012 PM2.5 NAAQS. West                              likelihood of West Virginia’s PM2.5
                                             the https://www.regulations.gov            Virginia refers to the measures detailed                           emissions impacting those three States.
                                             website. Although listed in the index,     in the section pertaining to                                       The commenter then stated that EPA’s
                                             some information is not publicly           requirements in CAA section                                        time and limited resources would be
                                             available, e.g., confidential business     110(a)(2)(A), which included numerous                              better spent on other more meaningful
                                             information (CBI) or other information     SIP-approved measures and other                                    issues, especially since it took three
                                             whose disclosure is restricted by statute. federally enforceable measures, under                              years to develop the analysis EPA
                                             Certain other material, such as            the CAA, that apply to sources of PM2.5                            presented.
                                             copyrighted material, is not placed on     and its precursors within West Virginia.                              Response: First, with respect to the
                                             the internet and will be publicly             In evaluating whether the measures                              period of time for EPA’s analysis, CAA
                                             available only in hard copy form.          identified by West Virginia addressed                              section 110(a)(1) requires all States to
                                             Publicly available docket materials are    CAA section 110(a)(2)(D)(i), EPA used                              submit a SIP addressing the elements of
                                             available through https://                 the information in the memorandum                                  CAA section 110(a)(2), including CAA
                                             www.regulations.gov, or please contact     dated March 17, 2016, entitled,                                    section 110(a)(2)(D)(i)(I) on interstate
                                             the person identified in the FOR FURTHER ‘‘Information on the Interstate Transport                            transport, within three years of EPA
                                             INFORMATION CONTACT section for            ‘‘Good Neighbor’’ Provision for the 2012                           promulgating a new or revised NAAQS.
                                                                                        Fine Particulate Matter National                                   Further, CAA section 110(k)(2) and (3)
daltland on DSKBBV9HB2PROD with RULES




                                             additional availability information.
                                                                                        Ambient Air Quality Standards under                                requires EPA action on the SIP
                                             FOR FURTHER INFORMATION CONTACT:
                                                                                        Clean Air Act Section 110(a)(2)(D)(i)(I),’’                        submission within twelve months of
                                             Joseph Schulingkamp, (215) 814–2021,
                                                                                        Memorandum from Stephen D. Page,                                   EPA finding the SIP submission
                                             or by email at schulingkamp.joseph@
                                                                                        Director, EPA Office of Air Quality                                complete. Therefore, the submission of
                                             epa.gov.
                                                                                        Planning and Standards, https://                                   a SIP addressing interstate transport
                                             SUPPLEMENTARY INFORMATION:                 www.epa.gov/sites/production/files/                                requirements for the 2012 PM2.5 NAAQS


                                        VerDate Sep<11>2014   16:12 Oct 04, 2018   Jkt 247001   PO 00000   Frm 00010   Fmt 4700   Sfmt 4700   E:\FR\FM\05OCR1.SGM   05OCR1


                                                                Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations                                         50265

                                             in CAA section 110(a)(2)(D)(i)(I) is                    maintenance of, the NAAQS at those                       • is not a significant regulatory action
                                             required by the CAA as is EPA’s action                  receptors and at receptors in other                   subject to Executive Order 13211 (66 FR
                                             on such SIP submittal. In addition, the                 States. In addressing this obligation,                28355, May 22, 2001);
                                             requirement for a new infrastructure SIP                EPA relied upon the information in the                   • is not subject to requirements of
                                             submission provides an opportunity for                  TSD and on the 2016 PM2.5                             Section 12(d) of the National
                                             the air agency, the public, and EPA to                  Memorandum to conclude West                           Technology Transfer and Advancement
                                             review the basics of the air quality                    Virginia’s SIP was adequate to prevent                Act of 1995 (15 U.S.C. 272 note) because
                                             management program in light of each                     West Virginia sources from significantly              application of those requirements would
                                             new or revised NAAQS. In the case of                    contributing to nonattainment or                      be inconsistent with the CAA; and
                                             CAA section 110(a)(2)(D)(i)(I), this                    interfering with maintenance in other                    • does not provide EPA with the
                                             review is specifically focused on                       States.                                               discretionary authority to address, as
                                             whether a State’s SIP will prevent                                                                            appropriate, disproportionate human
                                             interference with attainment or                         IV. Final Action                                      health or environmental effects, using
                                             maintenance of the NAAQS in a nearby                      EPA is approving the November 17,                   practicable and legally permissible
                                             State, and meets requirements for                       2015 SIP revision as it addresses the                 methods, under Executive Order 12898
                                             prevention of significant deterioration                 interstate transport requirements for the             (59 FR 7629, February 16, 1994).
                                             and visibility in another State, as well                2012 PM2.5 NAAQS in CAA section                          In addition, this rule does not have
                                             as international pollution.                             110(a)(2)(D)(i)(I).                                   tribal implications as specified by
                                                Second, with regards to EPA’s                                                                              Executive Order 13175 (65 FR 67249,
                                             analysis of West Virginia’s impact on                   V. Statutory and Executive Order                      November 9, 2000), because the SIP is
                                             California, Idaho, or Florida, EPA                      Reviews                                               not approved to apply in Indian country
                                             disagrees that such an analysis is not                  A. General Requirements                               located in the State, and EPA notes that
                                             necessary. As discussed in the TSD and                                                                        it will not impose substantial direct
                                             in EPA’s 2016 PM2.5 Memorandum,                            Under the CAA, the Administrator is                costs on tribal governments or preempt
                                             most of the potential areas of concern                  required to approve a SIP submission                  tribal law.
                                             with nonattainment or maintenance                       that complies with the provisions of the
                                                                                                     CAA and applicable Federal regulations.               B. Submission to Congress and the
                                             issues for the 2012 PM2.5 NAAQS were
                                                                                                     42 U.S.C. 7410(k); 40 CFR 52.02(a).                   Comptroller General
                                             located in California, Shoshone County,
                                             Idaho, and in Allegheny County,                         Thus, in reviewing SIP submissions,                      The Congressional Review Act, 5
                                             Pennsylvania. In addition, the 2016                     EPA’s role is to approve State choices,               U.S.C. 801 et seq., as added by the Small
                                             PM2.5 Memorandum noted air quality                      provided that they meet the criteria of               Business Regulatory Enforcement
                                             monitoring data quality problems in all                 the CAA. Accordingly, this action                     Fairness Act of 1996, generally provides
                                             or portions of Florida, Illinois, Idaho                 merely approves State law as meeting                  that before a rule may take effect, the
                                             (outside of Shoshone County),                           Federal requirements and does not                     agency promulgating the rule must
                                             Tennessee, and Kentucky. Subsequent                     impose additional requirements beyond                 submit a rule report, which includes a
                                             to the 2016 PM2.5 Memorandum’s                          those imposed by State law. For that                  copy of the rule, to each House of the
                                             release, data quality problems were                     reason, this action:                                  Congress and to the Comptroller General
                                             resolved for Idaho (outside of Shoshone                    • Is not a ‘‘significant regulatory                of the United States. EPA will submit a
                                             County), Tennessee, Kentucky, and                       action’’ subject to review by the Office              report containing this action and other
                                             portions of Florida. Therefore, the                     of Management and Budget under                        required information to the U.S. Senate,
                                             remaining potential receptors of interest               Executive Orders 12866 (58 FR 51735,                  the U.S. House of Representatives, and
                                             included 17 receptors in California, one                October 4, 1993) and 13563 (76 FR 3821,               the Comptroller General of the United
                                             receptor in Shoshone County, Idaho,                     January 21, 2011);                                    States prior to publication of the rule in
                                             one receptor in Allegheny County,                          • is not an Executive Order 13771 (82              the Federal Register. A major rule
                                             Pennsylvania, four counties in Florida,                 FR 9339, February 2, 2017) regulatory                 cannot take effect until 60 days after it
                                             and all of Illinois.1 Based on this                     action because SIP approvals are                      is published in the Federal Register.
                                             information from the 2016 PM2.5                         exempted under Executive Order 12866.                 This action is not a ‘‘major rule’’ as
                                             Memorandum and the resolution of the                       • does not impose an information                   defined by 5 U.S.C. 804(2).
                                             monitoring quality issues, EPA                          collection burden under the provisions
                                                                                                     of the Paperwork Reduction Act (44                    C. Petitions for Judicial Review
                                             narrowed the scope of analysis down to
                                             these remaining potential receptors and                 U.S.C. 3501 et seq.);                                    Under section 307(b)(1) of the CAA,
                                             did not evaluate the entire continental                    • is certified as not having a                     petitions for judicial review of this
                                             United States for potential contribution                significant economic impact on a                      action must be filed in the United States
                                             to downwind PM2.5 nonattainment and                     substantial number of small entities                  Court of Appeals for the appropriate
                                             maintenance receptors. While EPA                        under the Regulatory Flexibility Act                  circuit by December 4, 2018. Filing a
                                             agrees that the likelihood of West                      (5 U.S.C. 601 et seq.);                               petition for reconsideration by the
                                             Virginia’s sources of PM2.5 emissions                      • does not contain any unfunded                    Administrator of this final rule does not
                                             contributing to attainment or                           mandate or significantly or uniquely                  affect the finality of this action for the
                                             maintenance air quality issues in                       affect small governments, as described                purposes of judicial review nor does it
                                             geographically distant areas in                         in the Unfunded Mandates Reform Act                   extend the time within which a petition
                                             California, Florida, and Idaho is                       of 1995 (Pub. L. 104–4);                              for judicial review may be filed, and
                                             unlikely, EPA and the State are still                      • does not have federalism                         shall not postpone the effectiveness of
                                                                                                     implications as specified in Executive
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                                             obligated to analyze whether the State’s                                                                      such rule or action.
                                                                                                     Order 13132 (64 FR 43255, August 10,                     This action, addressing West
                                             sources will significantly contribute to
                                                                                                     1999);                                                Virginia’s interstate transport
                                             nonattainment or interfere in the
                                                                                                        • is not an economically significant               obligations with respect to the 2012
                                                1 A receptor is a monitor within the                 regulatory action based on health or                  PM2.5 NAAQS, may not be challenged
                                             photochemical modeling domain that is modeled as        safety risks subject to Executive Order               later in proceedings to enforce its
                                             ‘‘receiving’’ emissions.                                13045 (62 FR 19885, April 23, 1997);                  requirements. (See section 307(b)(2).)


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                                             50266              Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations

                                             List of Subjects in 40 CFR Part 52                      PART 52—APPROVAL AND                                     ■  a. Revising the entry for ‘‘Section
                                                                                                     PROMULGATION OF                                          110(a)(2) Infrastructure Requirements
                                               Environmental protection, Air                                                                                  for the 2012 PM2.5 NAAQS’’; and
                                                                                                     IMPLEMENTATION PLANS
                                             pollution control, Incorporation by                                                                              ■ b. Adding a second entry entitled
                                             reference, Particulate matter.                                                                                   ‘‘Section 110(a)(2) Infrastructure
                                                                                                     ■ 1. The authority citation for part 52
                                               Dated: September 25, 2018.                            continues to read as follows:                            Requirements for the 2012 PM2.5
                                             Cecil Rodrigues,                                                                                                 NAAQS’’ at the end of the table.
                                                                                                         Authority: 42 U.S.C. 7401 et seq.                       The revision and addition read as
                                             Acting Regional Administrator, Region III.
                                                                                                                                                              follows:
                                                                                                     Subpart XX—West Virginia
                                                40 CFR part 52 is amended as follows:                                                                         § 52.2520   Identification of plan.
                                                                                                     ■ 2. In § 52.2520, the table in paragraph                *       *    *      *      *
                                                                                                     (e) is amended by:                                           (e) * * *

                                                                                   Applicable           State
                                               Name of non-regulatory              geographic         submittal             EPA approval date                          Additional explanation
                                                   SIP revision                       area              date


                                                       *                      *                          *                       *                      *                       *                     *
                                             Section 110(a)(2) Infra-         Statewide .......              11/17/15    5/12/17, 82 FR 22078 ...      Docket #2016–0373. This action addresses the fol-
                                               structure Requirements                                                                                     lowing CAA elements of section 110(a)(2): A, B, C,
                                               for the 2012 PM2.5                                                                                         D(i)(II) (prong 3), D(ii), E, F, G, H, J, K, L, and M,
                                               NAAQS.                                                                                                     or portions thereof.
                                             Section 110(a)(2) Infra-         Statewide .......              11/17/15    10/5/18 [Insert Federal       Docket #2016–0373. This action addresses CAA
                                               structure Requirements                                                      Register citation].            section 110(a)(2)(D)(i)(I) (prongs 1 and 2).
                                               for the 2012 PM2.5
                                               NAAQS.



                                             [FR Doc. 2018–21668 Filed 10–4–18; 8:45 am]             whose disclosure is restricted by statute.               major and minor sources. More
                                             BILLING CODE 6560–50–P                                  Certain other material, such as                          specifically, SIPs must include the
                                                                                                     copyrighted material, is not placed on                   permit programs required under subpart
                                                                                                     the internet and will be publicly                        C of title I and must have minor
                                             ENVIRONMENTAL PROTECTION                                available only in hard copy form.                        preconstruction programs that assure
                                             AGENCY                                                  Publicly available docket materials are                  that the national ambient air quality
                                                                                                     available through https://                               standards (NAAQS) are maintained.
                                             40 CFR Part 52                                          www.regulations.gov, or please contact                   Additionally, 40 CFR 51.160 through
                                             [EPA–R03–OAR–2017–0503; FRL–9984–95–                    the person identified in the FOR FURTHER                 51.163 outline the federal requirements
                                             Region 3]                                               INFORMATION CONTACT section for                          which apply to minor permit issuance,
                                                                                                     additional availability information.                     including the required administrative
                                             Approval and Promulgation of Air                        FOR FURTHER INFORMATION CONTACT: Mr.                     and federally enforceable procedures,
                                             Quality Implementation Plans; West                      David Talley, (215) 814–2117, or by                      and the procedures for public
                                             Virginia; Minor New Source Review                       email at talley.david@epa.gov.                           participation. Under the minor source
                                             Permitting                                              SUPPLEMENTARY INFORMATION:                               permitting rules under the Code of State
                                                                                                                                                              Rules (CSR) at 45CSR13, West Virginia
                                             AGENCY:  Environmental Protection        I. Background                                                           implements minor preconstruction
                                             Agency (EPA).
                                                                                         On June 18, 2018 (83 FR 28179), EPA                                  program requirements by issuing
                                             ACTION: Final rule.                      published a notice of proposed                                          permits to: (1) Construct and operate
                                                                                      rulemaking (NPRM) for the State of                                      new stationary sources which are not
                                             SUMMARY: The Environmental Protection
                                                                                      West Virginia. In the NPRM, EPA                                         major sources, (2) modify non-major
                                             Agency (EPA) is approving a state
                                                                                      proposed approval of revisions to West                                  stationary sources, (3) make non-major
                                             implementation plan (SIP) revision
                                                                                      Virginia’s minor NSR regulations,                                       modifications to existing major
                                             submitted by the State of West Virginia.
                                                                                      ‘‘45CSR13—Permits for Construction,                                     stationary sources, and (4) relocate non-
                                             This revision pertains to changes to
                                                                                      Modification, Relocation and Operation                                  major stationary sources. These rules
                                             West Virginia’s minor New Source
                                                                                      of Stationary Sources of Air Pollutants,                                also establish requirements for obtaining
                                             Review (NSR) permit program. This
                                                                                      Notification Requirements,                                              a temporary permit and Class I and
                                             action is being taken under the Clean
                                                                                      Administrative Updates, Temporary                                       Class II general permit registration. EPA
                                             Air Act (CAA).
                                                                                      Permits, General Permits, Permissions to                                last approved a revision to 45CSR13 on
                                             DATES: This final rule is effective on   Commence Construction, and                                              July 21, 2014. See 79 FR 42211.
                                             November 5, 2018.                        Procedures for Evaluation,’’ as a
                                             ADDRESSES: EPA has established a         revision to the West Virginia SIP. The                                  II. Summary of SIP Revision and EPA
                                             docket for this action under Docket ID   formal SIP revision was submitted by                                    Analysis
                                             Number EPA–R03–OAR–2017–0503. All the West Virginia Department of
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                                                                                                                                                              A. Summary of SIP Revision
                                             documents in the docket are listed on    Environmental Protection (WVDEP) on
                                             the https://www.regulations.gov          behalf of the State of West Virginia on                                   WVDEP’s June 6, 2017 SIP submittal
                                             website. Although listed in the index,   June 6, 2017.                                                           contains a number of revisions to
                                             some information is not publicly            Section 110(a)(2)(C) of the CAA                                      45CRSR13, many of them administrative
                                             available, e.g., confidential business   requires SIPs to include a                                              or clarifying in nature. The non-
                                             information (CBI) or other information   preconstruction permit program for both                                 administrative changes include: (1)


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Document Created: 2018-10-05 01:52:20
Document Modified: 2018-10-05 01:52:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on November 5, 2018.
ContactJoseph Schulingkamp, (215) 814-2021, or by email at [email protected]
FR Citation83 FR 50264 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference and Particulate Matter

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