83_FR_50465 83 FR 50271 - Approval and Promulgation of Air Quality Implementation Plans; West Virginia; 2018 Amendments to West Virginia's Ambient Air Quality Standards

83 FR 50271 - Approval and Promulgation of Air Quality Implementation Plans; West Virginia; 2018 Amendments to West Virginia's Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

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

Page Range50271-50274
FR Document2018-21664

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the State of West Virginia. This revision updates the effective date by which the state incorporates by reference the national ambient air quality standards (NAAQS) as well as their monitoring reference and equivalent methods. EPA is approving this revision to the West Virginia SIP 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 50271-50274]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21664]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0550; FRL-9985-00-Region 3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision submitted by the State of West 
Virginia. This revision updates the effective date by which the state 
incorporates by reference the national ambient air quality standards 
(NAAQS) as well as their monitoring reference and equivalent methods. 
EPA is approving this revision to the West Virginia SIP 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-2018-0550. 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: Joseph Schulingkamp, (215) 814-2021, 
or by email at [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 50272]]

I. Background

    On July 31, 2018 (83 FR36823), EPA published a notice of proposed 
rulemaking (NPR) for the State of West Virginia. In the NPR, EPA 
proposed approval of a formal SIP revision submitted on June 8, 2018. 
The formal SIP revision pertains to amendments to Legislative Rule, 
45CSR8--Ambient Air Quality Standards and consists of a revised 
effective date of the incorporation by reference of the NAAQS and the 
associated monitoring reference and equivalent methods.

II. Summary of SIP Revision

    This SIP revision was submitted by WVDEP in order to update the 
State's incorporation by reference of the primary and secondary NAAQS 
and the ambient air monitoring reference and equivalent methods, found 
in 40 CFR parts 50 and 53, respectively. Currently, 45CSR8 incorporates 
by reference 40 CFR parts 50 and 53 as effective on June 1, 2016. Since 
that date, EPA retained the standard for lead and made a technical 
correction to the particulate standard. See 81 FR 71906 and 82 FR 
14325, respectively. EPA also designated one new ambient air monitoring 
reference method for measuring concentrations of sulfur dioxide, four 
new ambient air monitoring equivalent methods for measuring 
concentrations of fine and coarse particulate matter (PM2.5 
and PM10, respectively), and two new equivalent methods for 
measuring concentrations of nitrogen dioxide (NO2) in 
ambient air. Additional information can be found in the NPR and will 
not be restated here.

III. Response to Comments

    EPA received two anonymous comments on the July 31, 2018 NPR.
    Comment: The first commenter asked why this SIP revision was 
``required'' by West Virginia and how it is possible for a state to 
require a SIP revision. In addition, the commenter alleged that just 
because a state changes a date in the state's regulation does not mean 
it must change in the SIP. The commenter also asked EPA to clarify the 
relevance of the phrase, ``EPA retained the standard for lead and made 
a technical correction to the particulate standard,'' and to explain 
what incorporation by reference means in the context of this 
rulemaking.
    Response: When a state incorporates a rule or standard by 
reference, the state is formally adopting the standard or rule into its 
own state rules without having to rewrite the entirety of the 
referenced rule or standard. States typically incorporate rules by 
reference to maintain consistency between state and federal 
requirements and for ease of adoption by the state. While nothing in 
the CAA or EPA's regulations necessitates West Virginia to incorporate 
by reference the NAAQS or to update the date of incorporation by 
reference of the NAAQS in the State's SIP, West Virginia has chosen of 
its own accord to incorporate by reference the NAAQS into its SIP and 
recognizes that it is prudent to ensure the SIP and the state's 
regulations match for consistent implementation and enforcement 
purposes. In the NPR, EPA inadvertently referred to the State's 
voluntary decision to submit the SIP revision incorporating the NAAQS 
as a ``requirement'' when the State voluntarily decided to incorporate 
the NAAQS and thus chose to submit its latest revised regulation for 
SIP approval incorporating EPA's latest revised NAAQS. Thus, EPA agrees 
with the commenter that the State is not required to submit this latest 
SIP revision; West Virginia is exercising its voluntary decision to 
include state regulations incorporating the NAAQS. Because West 
Virginia chooses to incorporate by reference the NAAQS, and because 
West Virginia incorporates by reference the NAAQS in its state 
regulations by referring to federal regulations as published on a 
certain date, West Virginia periodically updates its state regulations 
to refer to the most up to date NAAQS in current federal regulations. 
West Virginia identified several changes in 40 CFR parts 50 and 53 
which the State determined necessitated updating the date of 
incorporation by reference in its own state regulations; those changes 
include the following: In 40 CFR part 50, a technical correction to the 
particulate standard, and in 40 CFR part 53, one new ambient air 
monitoring reference method for measuring concentrations of sulfur 
dioxide (SO2), four new ambient air monitoring equivalent 
methods for measuring concentrations of PM2.5 and 
PM10, respectively, and two new equivalent methods for 
measuring concentrations of NO2 in ambient air.
    The SIP revision submittal in this rulemaking was submitted by West 
Virginia because West Virginia's rule, 45CSR8--Ambient Air Quality 
Standards, incorporated the NAAQS and the ambient air monitoring 
reference and equivalent methods found in 40 CFR parts 50 and 53, 
respectively, as of June 1, 2016. Because West Virginia wanted to 
ensure the most recent ambient air quality standards and air monitoring 
methods are enforceable at the state level, West Virginia routinely 
revises 45CSR8 to update the date by which the rule incorporates the 
federal standards by reference. In this case, West Virginia revised the 
date of incorporation by reference from June 1, 2016 to June 1, 2018. 
By revising this date, West Virginia's ambient air quality standards 
and air monitoring methods would match the federal NAAQS and air 
monitoring methods in 40 CFR parts 50 and 53.
    In October 2016 and March 2017, EPA made revisions to 40 CFR parts 
50 and 53. See 81 FR 71906 and 82 FR 14325, respectively. In these two 
actions, EPA retained the NAAQS for the lead standard and made a 
technical correction to the particulate matter standard. After EPA made 
these changes, West Virginia's 45CSR8 no longer referenced the most 
current NAAQS and air monitoring methods; therefore, West Virginia 
decided to revise its state rule to reference the most recent NAAQS and 
air monitoring methods. In this routine update, West Virginia 
recognized that its newly revised 45CSR8 would no longer match the 
version of the same rule that was contained in its SIP, thus, a SIP 
revision was necessary to bring the SIP into conformance with both the 
state rule and the federal standards in 40 CFR parts 50 and 53. In 
conclusion, West Virginia's decision to incorporate the most current 
NAAQS was voluntary and EPA in the proposed rule inadvertently referred 
to West Virginia's decision to make this SIP submission as 
``required.'' West Virginia decided voluntarily to incorporate the 
federal NAAQS and reference methods into its SIP and to submit this 
revision to incorporate the most recent version of 40 CFR parts 50 and 
53 in its SIP. Therefore, EPA agrees with the commenter that EPA 
inadvertently referred to the submittal as ``required;'' however, West 
Virginia's SIP meets requirements in CAA section 110 as discussed in 
the NPR and commenter has provided no information to challenge the 
basis for EPA's approval under CAA section 110.
    Regarding the commenter's concern about EPA's statement that ``EPA 
retained the standard for lead and made a technical correction to the 
particulate standard,'' EPA explained the basis for this in the NPR. No 
changes were made to the NAAQS for lead and thus no evaluation was 
needed for West Virginia's altered 45CSR8. EPA explained in the NPR 
that the Agency made a technical correction to our particulate matter 
NAAQS and the commenter offered no substantive questions or commentary 
regarding that change; thus, EPA provides no further substantive reply. 
Regarding an

[[Page 50273]]

explanation of ``what incorporation by reference means,'' EPA offers 
that incorporation by reference means that by this final action 
approving the SIP revision, EPA is including in the new version of 
45CSR8 (which in turn incorporated the text of 40 CFR parts 50 and 53) 
in the federally approved and federally enforceable West Virginia SIP.
    Comment: The second commenter asked why the State of West Virginia 
has to update their ambient air quality standards if the federal 
standards cover all states, including West Virginia. The commenter 
further opined that this rulemaking action is redundant and 
unnecessary, and thus, EPA should not approve West Virginia's 
submission.
    Response: EPA disagrees with the commenter that EPA should 
disapprove West Virginia's submission based on the SIP revision being 
``redundant and unnecessary.'' Section 110 of the CAA permits states to 
submit regulations the states deem relevant for SIP inclusion and 
requires EPA to approve those submissions so long as they conform with 
the Act. Apart from mandatory CAA requirements, states are free to 
submit SIP revisions which they believe are necessary for inclusion 
into the state's SIP. Regarding the comment as to ``why the State must 
update their ambient air quality standards,'' EPA's reply is that West 
Virginia is not ``required'' to submit this revision, as explained 
above. West Virginia on its own accord sought to include 45CSR8 in its 
SIP. EPA's decision to approve this SIP revision submittal is based on 
our application of section 110 of the CAA to the submittal. As the 
submission met the requirements of section 110 for SIP approval, EPA 
must approve this voluntary submission for the West Virginia SIP.

IV. Final Action

    EPA is approving the West Virginia SIP revision updating the date 
of incorporation by reference as a revision to the West Virginia SIP. 
The SIP revision was submitted on June 8, 2018.

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 45CSR8, as 
effective on June 1, 2018. 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.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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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 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, updating the effective date of West Virginia's 
45CSR8, 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, Nitrogen dioxide, Ozone, Particulate 
matter, Sulfur oxides.


[[Page 50274]]


    Dated: September 24, 2018.
Cosmo Servidio,
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 (c) is amended by revising 
the entries ``Section 45-8-1'', ``Section 45-8-2'', ``Section 45-8-3'', 
and ``Section 45-8-4'' to read as follows:


Sec.  52.2520  Identification of plan.

* * * * *
    (c) * * *

                                EPA-Approved Regulations in the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
                                                           State                                 Additional
 State citation [Chapter 16-20       Title/subject       effective     EPA approval date    explanation/citation
           or 45 CSR]                                       date                              at 40 CFR 52.2565
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 [45 CSR] Series 8 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Section 45-8-1.................  General..............       6/1/18  10/5/18, [insert       Docket #2018-0550.
                                                                      Federal Register       Filing and
                                                                      citation].             effective dates are
                                                                                             revised.
Section 45-8-2.................  Definitions..........       6/1/18  10/5/18, [insert       Docket #2018-0550.
                                                                      Federal Register       Previous Approval 3/
                                                                      citation].             23/18.
Section 45-8-3.................  Adoption of Standards       6/1/18  10/5/18, [insert       Docket #2018-
                                                                      Federal Register       0550.Effective date
                                                                      citation].             is revised.
Section 45-8-4.................  Inconsistency Between       6/1/18  10/5/18, [insert       Docket #2018-0550.
                                  Rules.                              Federal Register       Previous Approval 3/
                                                                      citation].             23/18.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-21664 Filed 10-4-18; 8:45 am]
BILLING CODE 6560-50-P



                                                                   Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations                                                              50271

                                                                                     EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued
                                                     State citation                                                                        State effective                                    Additional explanation/
                                                 [chapter 16–20 or 45                               Title/subject                                                EPA approval date
                                                                                                                                                date                                       citation at 40 CFR 52.2565
                                                        CSR ]

                                             Section 45–13–5 ...........         Permit Application and Reporting Re-                                  6/1/17    10/5/18 [Insert      Revised section 5.1.e, 5.1.i; deleted
                                                                                   quirements for Construction of and                                              Federal Reg-         existing section 5.8; renumbered
                                                                                   Modifications to Stationary Sources.                                            ister citation].     following sections.
                                             Section 45–13–6 ...........         Determination of Compliance of Sta-                                   6/1/17    10/5/18 [Insert      New state effective date.
                                                                                   tionary Sources.                                                                Federal Reg-
                                                                                                                                                                   ister citation].
                                             Section 45–13–7 ...........         Modeling ..............................................               6/1/17    10/5/18 [Insert      New state effective date.
                                                                                                                                                                   Federal Reg-
                                                                                                                                                                   ister citation].
                                             Section 45–13–8 ...........         Public Review Procedures ..................                           6/1/17    10/5/18 [Insert      Revised section 8.1.
                                                                                                                                                                   Federal Reg-
                                                                                                                                                                   ister citation].
                                             Section 45–13–9 ...........         Public Meetings ...................................                   6/1/17    10/5/18 [Insert      New state effective date
                                                                                                                                                                   Federal Reg-
                                                                                                                                                                   ister citation].
                                             Section 45–13–10 .........          Permit Transfer, Suspension, Revoca-                                  6/1/17    10/5/18 [Insert      Administrative changes.
                                                                                   tion and Responsibility.                                                        Federal Reg-
                                                                                                                                                                   ister citation].
                                             Section 45–13–11 .........          Temporary Construction or Modifica-                                   6/1/17    10/5/18 [Insert      Administrative changes.
                                                                                   tion Permits.                                                                   Federal Reg-
                                                                                                                                                                   ister citation].
                                             Section 45–13–12 .........          Permit Application Fees ......................                        6/1/17    10/5/18 [Insert      New state effective date.
                                                                                                                                                                   Federal Reg-
                                                                                                                                                                   ister citation].
                                             Section 45–13–13 .........          Inconsistency Between Rules .............                             6/1/17    10/5/18 [Insert      Administrative changes.
                                                                                                                                                                   Federal Reg-
                                                                                                                                                                   ister citation].
                                             Section 45–13–14 .........          Statutory Air Pollution .........................                     6/1/17    10/5/18 [Insert      New state effective date.
                                                                                                                                                                   Federal Reg-
                                                                                                                                                                   ister citation].
                                             Section 45–13–15 .........          Hazardous Air Pollutants ....................                         6/1/17    10/5/18 [Insert      Administrative changes.
                                                                                                                                                                   Federal Reg-
                                                                                                                                                                   ister citation].
                                             Section 45–13–16 .........          Application for Permission to Com-                                    6/1/17    10/5/18 [Insert      Administrative changes.
                                                                                   mence Construction in Advance of                                                Federal Reg-
                                                                                   Permit Issuance.                                                                ister citation].
                                             Table 45–13A ................       Potential Emission Rate ......................                        6/1/17    10/5/18 [Insert      New state effective date.
                                                                                                                                                                   Federal Reg-
                                                                                                                                                                   ister citation].
                                             Table 45–13B ................       De Minimus Sources ...........................                        6/1/17    10/5/18 [Insert      Administrative changes.
                                                                                                                                                                   Federal Reg-
                                                                                                                                                                   ister citation].

                                                         *                           *                             *                            *                        *                     *                  *



                                             *       *       *       *       *                                  SUMMARY:   The Environmental Protection Although listed in the index, some
                                             [FR Doc. 2018–21557 Filed 10–4–18; 8:45 am]                        Agency (EPA) is approving a state       information is not publicly available,
                                             BILLING CODE 6560–50–P                                             implementation plan (SIP) revision      e.g., confidential business information
                                                                                                                submitted by the State of West Virginia.(CBI) or other information whose
                                                                                                                This revision updates the effective datedisclosure is restricted by statute.
                                             ENVIRONMENTAL PROTECTION                                           by which the state incorporates by      Certain other material, such as
                                             AGENCY                                                             reference the national ambient air      copyrighted material, is not placed on
                                                                                                                quality standards (NAAQS) as well as    the internet and will be publicly
                                             40 CFR Part 52                                                     their monitoring reference and          available only in hard copy form.
                                             [EPA–R03–OAR–2018–0550; FRL–9985–00–                               equivalent methods. EPA is approving    Publicly available docket materials are
                                             Region 3]                                                                                                  available through http://
                                                                                                                this revision to the West Virginia SIP in
                                                                                                                accordance with the requirements of the www.regulations.gov, or please contact
                                             Approval and Promulgation of Air                                   Clean Air Act (CAA).                    the person identified in the FOR FURTHER
                                             Quality Implementation Plans; West                                                                         INFORMATION CONTACT section for
                                             Virginia; 2018 Amendments to West                                  DATES: This final rule is effective on
daltland on DSKBBV9HB2PROD with RULES




                                                                                                                November 5, 2018.                       additional availability information.
                                             Virginia’s Ambient Air Quality
                                                                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                             Standards                                                          ADDRESSES: EPA has established a
                                                                                                                                                        Joseph Schulingkamp, (215) 814–2021,
                                             AGENCY:  Environmental Protection                                  docket for this action under Docket ID
                                                                                                                                                        or by email at schulingkamp.joseph@
                                             Agency (EPA).                                                      Number EPA–R03–OAR–2018–0550. All
                                                                                                                                                        epa.gov.
                                                                                                                documents in the docket are listed on
                                             ACTION: Final rule.
                                                                                                                the http://www.regulations.gov website. SUPPLEMENTARY INFORMATION:


                                        VerDate Sep<11>2014      16:12 Oct 04, 2018      Jkt 247001     PO 00000       Frm 00017     Fmt 4700       Sfmt 4700   E:\FR\FM\05OCR1.SGM   05OCR1


                                             50272              Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations

                                             I. Background                                           maintain consistency between state and                routinely revises 45CSR8 to update the
                                               On July 31, 2018 (83 FR36823), EPA                    federal requirements and for ease of                  date by which the rule incorporates the
                                             published a notice of proposed                          adoption by the state. While nothing in               federal standards by reference. In this
                                             rulemaking (NPR) for the State of West                  the CAA or EPA’s regulations                          case, West Virginia revised the date of
                                             Virginia. In the NPR, EPA proposed                      necessitates West Virginia to                         incorporation by reference from June 1,
                                                                                                     incorporate by reference the NAAQS or                 2016 to June 1, 2018. By revising this
                                             approval of a formal SIP revision
                                                                                                     to update the date of incorporation by                date, West Virginia’s ambient air quality
                                             submitted on June 8, 2018. The formal
                                                                                                     reference of the NAAQS in the State’s                 standards and air monitoring methods
                                             SIP revision pertains to amendments to
                                                                                                     SIP, West Virginia has chosen of its own              would match the federal NAAQS and
                                             Legislative Rule, 45CSR8—Ambient Air
                                                                                                     accord to incorporate by reference the                air monitoring methods in 40 CFR parts
                                             Quality Standards and consists of a
                                                                                                     NAAQS into its SIP and recognizes that                50 and 53.
                                             revised effective date of the                                                                                    In October 2016 and March 2017, EPA
                                             incorporation by reference of the                       it is prudent to ensure the SIP and the
                                                                                                     state’s regulations match for consistent              made revisions to 40 CFR parts 50 and
                                             NAAQS and the associated monitoring                                                                           53. See 81 FR 71906 and 82 FR 14325,
                                             reference and equivalent methods.                       implementation and enforcement
                                                                                                     purposes. In the NPR, EPA                             respectively. In these two actions, EPA
                                             II. Summary of SIP Revision                             inadvertently referred to the State’s                 retained the NAAQS for the lead
                                                                                                     voluntary decision to submit the SIP                  standard and made a technical
                                                This SIP revision was submitted by
                                                                                                     revision incorporating the NAAQS as a                 correction to the particulate matter
                                             WVDEP in order to update the State’s                                                                          standard. After EPA made these
                                             incorporation by reference of the                       ‘‘requirement’’ when the State
                                                                                                     voluntarily decided to incorporate the                changes, West Virginia’s 45CSR8 no
                                             primary and secondary NAAQS and the                                                                           longer referenced the most current
                                             ambient air monitoring reference and                    NAAQS and thus chose to submit its
                                                                                                     latest revised regulation for SIP                     NAAQS and air monitoring methods;
                                             equivalent methods, found in 40 CFR                                                                           therefore, West Virginia decided to
                                             parts 50 and 53, respectively. Currently,               approval incorporating EPA’s latest
                                                                                                     revised NAAQS. Thus, EPA agrees with                  revise its state rule to reference the most
                                             45CSR8 incorporates by reference 40                                                                           recent NAAQS and air monitoring
                                             CFR parts 50 and 53 as effective on June                the commenter that the State is not
                                                                                                     required to submit this latest SIP                    methods. In this routine update, West
                                             1, 2016. Since that date, EPA retained                                                                        Virginia recognized that its newly
                                             the standard for lead and made a                        revision; West Virginia is exercising its
                                                                                                     voluntary decision to include state                   revised 45CSR8 would no longer match
                                             technical correction to the particulate                                                                       the version of the same rule that was
                                             standard. See 81 FR 71906 and 82 FR                     regulations incorporating the NAAQS.
                                                                                                     Because West Virginia chooses to                      contained in its SIP, thus, a SIP revision
                                             14325, respectively. EPA also                                                                                 was necessary to bring the SIP into
                                             designated one new ambient air                          incorporate by reference the NAAQS,
                                                                                                     and because West Virginia incorporates                conformance with both the state rule
                                             monitoring reference method for                                                                               and the federal standards in 40 CFR
                                             measuring concentrations of sulfur                      by reference the NAAQS in its state
                                                                                                     regulations by referring to federal                   parts 50 and 53. In conclusion, West
                                             dioxide, four new ambient air                                                                                 Virginia’s decision to incorporate the
                                             monitoring equivalent methods for                       regulations as published on a certain
                                                                                                     date, West Virginia periodically updates              most current NAAQS was voluntary and
                                             measuring concentrations of fine and                                                                          EPA in the proposed rule inadvertently
                                             coarse particulate matter (PM2.5 and                    its state regulations to refer to the most
                                                                                                     up to date NAAQS in current federal                   referred to West Virginia’s decision to
                                             PM10, respectively), and two new                                                                              make this SIP submission as ‘‘required.’’
                                             equivalent methods for measuring                        regulations. West Virginia identified
                                                                                                                                                           West Virginia decided voluntarily to
                                             concentrations of nitrogen dioxide                      several changes in 40 CFR parts 50 and
                                                                                                                                                           incorporate the federal NAAQS and
                                             (NO2) in ambient air. Additional                        53 which the State determined
                                                                                                                                                           reference methods into its SIP and to
                                             information can be found in the NPR                     necessitated updating the date of
                                                                                                                                                           submit this revision to incorporate the
                                             and will not be restated here.                          incorporation by reference in its own
                                                                                                                                                           most recent version of 40 CFR parts 50
                                                                                                     state regulations; those changes include
                                             III. Response to Comments                                                                                     and 53 in its SIP. Therefore, EPA agrees
                                                                                                     the following: In 40 CFR part 50, a
                                                                                                                                                           with the commenter that EPA
                                                EPA received two anonymous                           technical correction to the particulate
                                                                                                                                                           inadvertently referred to the submittal
                                             comments on the July 31, 2018 NPR.                      standard, and in 40 CFR part 53, one
                                                                                                                                                           as ‘‘required;’’ however, West Virginia’s
                                                Comment: The first commenter asked                   new ambient air monitoring reference
                                                                                                                                                           SIP meets requirements in CAA section
                                             why this SIP revision was ‘‘required’’ by               method for measuring concentrations of                110 as discussed in the NPR and
                                             West Virginia and how it is possible for                sulfur dioxide (SO2), four new ambient                commenter has provided no information
                                             a state to require a SIP revision. In                   air monitoring equivalent methods for                 to challenge the basis for EPA’s
                                             addition, the commenter alleged that                    measuring concentrations of PM2.5 and                 approval under CAA section 110.
                                             just because a state changes a date in the              PM10, respectively, and two new                          Regarding the commenter’s concern
                                             state’s regulation does not mean it must                equivalent methods for measuring                      about EPA’s statement that ‘‘EPA
                                             change in the SIP. The commenter also                   concentrations of NO2 in ambient air.                 retained the standard for lead and made
                                             asked EPA to clarify the relevance of the                  The SIP revision submittal in this                 a technical correction to the particulate
                                             phrase, ‘‘EPA retained the standard for                 rulemaking was submitted by West                      standard,’’ EPA explained the basis for
                                             lead and made a technical correction to                 Virginia because West Virginia’s rule,                this in the NPR. No changes were made
                                             the particulate standard,’’ and to explain              45CSR8—Ambient Air Quality                            to the NAAQS for lead and thus no
                                             what incorporation by reference means                   Standards, incorporated the NAAQS                     evaluation was needed for West
                                             in the context of this rulemaking.                      and the ambient air monitoring                        Virginia’s altered 45CSR8. EPA
                                                Response: When a state incorporates a                reference and equivalent methods found
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                                                                                                                                                           explained in the NPR that the Agency
                                             rule or standard by reference, the state                in 40 CFR parts 50 and 53, respectively,              made a technical correction to our
                                             is formally adopting the standard or rule               as of June 1, 2016. Because West                      particulate matter NAAQS and the
                                             into its own state rules without having                 Virginia wanted to ensure the most                    commenter offered no substantive
                                             to rewrite the entirety of the referenced               recent ambient air quality standards and              questions or commentary regarding that
                                             rule or standard. States typically                      air monitoring methods are enforceable                change; thus, EPA provides no further
                                             incorporate rules by reference to                       at the state level, West Virginia                     substantive reply. Regarding an


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                                                                Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations                                        50273

                                             explanation of ‘‘what incorporation by                  Therefore, these materials have been                  Act of 1995 (15 U.S.C. 272 note) because
                                             reference means,’’ EPA offers that                      approved by EPA for inclusion in the                  application of those requirements would
                                             incorporation by reference means that                   SIP, have been incorporated by                        be inconsistent with the CAA; and
                                             by this final action approving the SIP                  reference by EPA into that plan, are                     • Does not provide EPA with the
                                             revision, EPA is including in the new                   fully federally enforceable under                     discretionary authority to address, as
                                             version of 45CSR8 (which in turn                        sections 110 and 113 of the CAA as of                 appropriate, disproportionate human
                                             incorporated the text of 40 CFR parts 50                the effective date of the final rulemaking            health or environmental effects, using
                                             and 53) in the federally approved and                   of EPA’s approval, and will be                        practicable and legally permissible
                                             federally enforceable West Virginia SIP.                incorporated by reference in the next                 methods, under Executive Order 12898
                                                Comment: The second commenter                        update to the SIP compilation.1                       (59 FR 7629, February 16, 1994).
                                             asked why the State of West Virginia                                                                             In addition, this rule does not have
                                             has to update their ambient air quality                 VI. Statutory and Executive Order                     tribal implications as specified by
                                             standards if the federal standards cover                Reviews                                               Executive Order 13175 (65 FR 67249,
                                             all states, including West Virginia. The                A. General Requirements                               November 9, 2000), because the SIP is
                                             commenter further opined that this                                                                            not approved to apply in Indian country
                                             rulemaking action is redundant and                         Under the CAA, the Administrator is                located in the state, and EPA notes that
                                             unnecessary, and thus, EPA should not                   required to approve a SIP submission                  it will not impose substantial direct
                                             approve West Virginia’s submission.                     that complies with the provisions of the              costs on tribal governments or preempt
                                                Response: EPA disagrees with the                     CAA and applicable federal regulations.               tribal law.
                                             commenter that EPA should disapprove                    42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                             West Virginia’s submission based on the                 Thus, in reviewing SIP submissions,                   B. Submission to Congress and the
                                             SIP revision being ‘‘redundant and                      EPA’s role is to approve state choices,               Comptroller General
                                             unnecessary.’’ Section 110 of the CAA                   provided that they meet the criteria of                  The Congressional Review Act, 5
                                             permits states to submit regulations the                the CAA. Accordingly, this action                     U.S.C. 801 et seq., as added by the Small
                                             states deem relevant for SIP inclusion                  merely approves state law as meeting                  Business Regulatory Enforcement
                                             and requires EPA to approve those                       federal requirements and does not                     Fairness Act of 1996, generally provides
                                             submissions so long as they conform                     impose additional requirements beyond                 that before a rule may take effect, the
                                             with the Act. Apart from mandatory                      those imposed by state law. For that                  agency promulgating the rule must
                                             CAA requirements, states are free to                    reason, this action:                                  submit a rule report, which includes a
                                             submit SIP revisions which they believe                    • Is not a ‘‘significant regulatory                copy of the rule, to each House of the
                                             are necessary for inclusion into the                    action’’ subject to review by the Office              Congress and to the Comptroller General
                                             state’s SIP. Regarding the comment as to                of Management and Budget under                        of the United States. EPA will submit a
                                             ‘‘why the State must update their                       Executive Orders 12866 (58 FR 51735,                  report containing this action and other
                                             ambient air quality standards,’’ EPA’s                  October 4, 1993) and 13563 (76 FR 3821,               required information to the U.S. Senate,
                                             reply is that West Virginia is not                      January 21, 2011);                                    the U.S. House of Representatives, and
                                             ‘‘required’’ to submit this revision, as                   • Is not an Executive Order 13771 (82              the Comptroller General of the United
                                             explained above. West Virginia on its                   FR 9339, February 2, 2017) regulatory                 States prior to publication of the rule in
                                             own accord sought to include 45CSR8                     action because SIP approvals are                      the Federal Register. A major rule
                                             in its SIP. EPA’s decision to approve                   exempted under Executive Order 12866.                 cannot take effect until 60 days after it
                                             this SIP revision submittal is based on                    • Does not impose an information                   is published in the Federal Register.
                                             our application of section 110 of the                   collection burden under the provisions                This action is not a ‘‘major rule’’ as
                                             CAA to the submittal. As the                            of the Paperwork Reduction Act (44                    defined by 5 U.S.C. 804(2).
                                             submission met the requirements of                      U.S.C. 3501 et seq.);
                                             section 110 for SIP approval, EPA must                     • Is certified as not having a                     C. Petitions for Judicial Review
                                             approve this voluntary submission for                   significant economic impact on a                         Under section 307(b)(1) of the CAA,
                                             the West Virginia SIP.                                  substantial number of small entities                  petitions for judicial review of this
                                                                                                     under the Regulatory Flexibility Act (5               action must be filed in the United States
                                             IV. Final Action                                        U.S.C. 601 et seq.);                                  Court of Appeals for the appropriate
                                               EPA is approving the West Virginia                       • Does not contain any unfunded                    circuit by December 4, 2018. Filing a
                                             SIP revision updating the date of                       mandate or significantly or uniquely                  petition for reconsideration by the
                                             incorporation by reference as a revision                affect small governments, as described                Administrator of this final rule does not
                                             to the West Virginia SIP. The SIP                       in the Unfunded Mandates Reform Act                   affect the finality of this action for the
                                             revision was submitted on June 8, 2018.                 of 1995 (Pub. L. 104–4);                              purposes of judicial review nor does it
                                                                                                        • Does not have federalism                         extend the time within which a petition
                                             V. Incorporation by Reference                           implications as specified in Executive                for judicial review may be filed, and
                                               In this document, EPA is finalizing                   Order 13132 (64 FR 43255, August 10,                  shall not postpone the effectiveness of
                                             regulatory text that includes                           1999);                                                such rule or action. This action,
                                             incorporation by reference. In                             • Is not an economically significant               updating the effective date of West
                                             accordance with requirements of 1 CFR                   regulatory action based on health or                  Virginia’s 45CSR8, may not be
                                             51.5, EPA is finalizing the incorporation               safety risks subject to Executive Order               challenged later in proceedings to
                                             by reference 45CSR8, as effective on                    13045 (62 FR 19885, April 23, 1997);                  enforce its requirements. (See section
                                             June 1, 2018. EPA has made, and will                       • Is not a significant regulatory action           307(b)(2)).
                                             continue to make, these materials
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                                                                                                     subject to Executive Order 13211 (66 FR
                                             generally available through                             28355, May 22, 2001);                                 List of Subjects in 40 CFR Part 52
                                             www.regulations.gov and at the EPA                         • Is not subject to requirements of                  Environmental protection, Air
                                             Region III Office (please contact the                   section 12(d) of the National                         pollution control, Carbon monoxide,
                                             person identified in the FOR FURTHER                    Technology Transfer and Advancement                   Incorporation by reference, Nitrogen
                                             INFORMATION CONTACT section of this                                                                           dioxide, Ozone, Particulate matter,
                                             preamble for more information).                           1 62   FR 27968 (May 22, 1997).                     Sulfur oxides.


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                                             50274                Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations

                                               Dated: September 24, 2018.                                    PART 52—APPROVAL AND                                          Subpart XX—West Virginia
                                             Cosmo Servidio,                                                 PROMULGATION OF
                                             Regional Administrator, Region III.                             IMPLEMENTATION PLANS                                          ■  2. In § 52.2520, the table in paragraph
                                                                                                                                                                           (c) is amended by revising the entries
                                                 40 CFR part 52 is amended as follows:                       ■ 1. The authority citation for part 52                       ‘‘Section 45–8–1’’, ‘‘Section 45–8–2’’,
                                                                                                             continues to read as follows:                                 ‘‘Section 45–8–3’’, and ‘‘Section 45–8–
                                                                                                                                                                           4’’ to read as follows:
                                                                                                                 Authority: 42 U.S.C. 7401 et seq.
                                                                                                                                                                           § 52.2520    Identification of plan.
                                                                                                                                                                           *       *    *        *    *
                                                                                                                                                                               (c) * * *

                                                                                             EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP
                                                  State citation                                                                  State                                                  Additional explanation/citation at
                                              [Chapter 16–20 or 45                       Title/subject                           effective                   EPA approval date                   40 CFR 52.2565
                                                      CSR]                                                                         date


                                                        *                         *                              *                           *                        *                      *                    *

                                                                                                        [45 CSR] Series 8            Ambient Air Quality Standards

                                             Section 45–8–1 ........      General ........................................           6/1/18       10/5/18, [insert   Federal Register    Docket #2018–0550. Filing and
                                                                                                                                                    citation].                             effective dates are revised.
                                             Section 45–8–2 ........      Definitions ....................................           6/1/18       10/5/18, [insert   Federal Register    Docket #2018–0550. Previous
                                                                                                                                                    citation].                             Approval 3/23/18.
                                             Section 45–8–3 ........      Adoption of Standards .................                    6/1/18       10/5/18, [insert   Federal Register    Docket       #2018–0550.Effective
                                                                                                                                                    citation].                             date is revised.
                                             Section 45–8–4 ........      Inconsistency Between Rules ......                         6/1/18       10/5/18, [insert   Federal Register    Docket #2018–0550. Previous
                                                                                                                                                    citation].                             Approval 3/23/18.

                                                        *                         *                              *                           *                        *                      *                    *



                                             *      *       *       *      *                                 particulate matter, and sulfur dioxide.                       ‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, it is
                                             [FR Doc. 2018–21664 Filed 10–4–18; 8:45 am]                     The regulatory changes address Federal                        intended to refer to the EPA.
                                             BILLING CODE 6560–50–P                                          particulate matter requirements, update
                                                                                                                                                                           Table of Contents
                                                                                                             the major and minor source pre-
                                                                                                             construction permitting programs, add                         I. Background
                                             ENVIRONMENTAL PROTECTION                                        State-level air quality designations,                         II. Comments
                                             AGENCY                                                          update public processes, and tighten                          III. Final Action
                                                                                                             emission standards for dust and smoke.                           A. Rules Approved and Incorporated by
                                             40 CFR Part 52                                                                                                                      Reference
                                                                                                             DATES: This final rule is effective                              B. Rules Approved but Not Incorporated by
                                             [EPA–R10–OAR–2018–0238, FRL–9984–78–                            November 5, 2018.                                                   Reference
                                             Region 10]                                                      ADDRESSES: The EPA has established a                             C. Rules Removed
                                                                                                             docket for this action under Docket ID                           D. Rules Deferred
                                             Air Plan Approval; Oregon; Lane                                 No. EPA–R10–OAR–2018–0238. All                                IV. Incorporation by Reference
                                             County Permitting and General Rule                              documents in the docket are listed on                         V. Oregon Notice Provision
                                             Revisions                                                                                                                     VI. Statutory and Executive Order Reviews
                                                                                                             the https://www.regulations.gov
                                                                                                             website. Although listed in the index,                        I. Background
                                             AGENCY:  Environmental Protection
                                                                                                             some information is not publicly
                                             Agency (EPA).                                                                                                                   On August 29, 2014 and March 27,
                                                                                                             available, e.g., Confidential Business
                                             ACTION: Final rule.                                                                                                           2018, Lane Regional Air Protection
                                                                                                             Information (CBI) or other information
                                                                                                                                                                           Agency (LRAPA) and Oregon
                                                                                                             the disclosure of which is restricted by
                                             SUMMARY:   The Environmental Protection                                                                                       Department of Environmental Quality
                                                                                                             statute. Certain other material, such as
                                             Agency (EPA) is approving, and                                                                                                (ODEQ) submitted revisions to the SIP
                                                                                                             copyrighted material, is not placed on
                                             incorporating by reference, specific                                                                                          as it applies in Lane County, Oregon. On
                                                                                                             the internet and is publicly available
                                             changes to the Oregon State                                                                                                   July 31, 2018, the EPA proposed to
                                                                                                             only in hard copy form. Publicly
                                             Implementation Plan (SIP) as it applies                                                                                       approve the submitted rule changes (83
                                                                                                             available docket materials are available
                                             in Lane County, Oregon. The local air                                                                                         FR 36824). Please see our proposed
                                                                                                             at https://www.regulations.gov, or
                                             agency in Lane County, Lane Regional                                                                                          rulemaking for further explanation and
                                                                                                             please contact the person identified in
                                             Air Protection Agency, revised its rules                                                                                      the basis of our finding.
                                                                                                             the FOR FURTHER INFORMATION CONTACT
                                             to align with recent changes to Oregon
                                                                                                             section for additional availability                           II. Comments
                                             State regulations. The revisions,
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                                                                                                             information.
                                             submitted on August 29, 2014 and                                                                                                During the public comment period on
                                             March 27, 2018, are related to the                              FOR FURTHER INFORMATION CONTACT:                              our proposed action, we received two
                                             criteria pollutants for which the EPA                           Kristin Hall, at (206) 553–6357, or                           electronic comments covering broad
                                             has established national ambient air                            hall.kristin@epa.gov.                                         topics including wildfires, forest
                                             quality standards—carbon monoxide,                              SUPPLEMENTARY INFORMATION:                                    management practices, climate change,
                                             lead, nitrogen dioxide, ozone,                                  Throughout this document wherever                             and the National Environmental Policy


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Document Created: 2018-10-05 01:52:28
Document Modified: 2018-10-05 01:52:28
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 50271 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Nitrogen Dioxide; Ozone; Particulate Matter and Sulfur Oxides

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