83_FR_52974 83 FR 52772 - Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Update to Materials Incorporated by Reference

83 FR 52772 - Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Update to Materials Incorporated by Reference

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 202 (October 18, 2018)

Page Range52772-52775
FR Document2018-22653

The Environmental Protection Agency (EPA) is updating the

Federal Register, Volume 83 Issue 202 (Thursday, October 18, 2018)
[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)]
[Rules and Regulations]
[Pages 52772-52775]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22653]



=======================================================================

-----------------------------------------------------------------------



ENVIRONMENTAL PROTECTION AGENCY



40 CFR Part 52



[WV106-6044; FRL-9983-55-Region 3]




Approval and Promulgation of Air Quality Implementation Plans; 

West Virginia; Update to Materials Incorporated by Reference



AGENCY: Environmental Protection Agency (EPA).



ACTION: Final rule; administrative change.



-----------------------------------------------------------------------



SUMMARY: The Environmental Protection Agency (EPA) is updating the 

materials that are incorporated by reference (IBR) into the West 

Virginia state implementation plan (SIP). The regulations affected by 

this update have been previously submitted by the West Virginia 

Department of Environmental Protection (WV DEP) and approved by EPA. 

This update affects the SIP materials that are available for public 

inspection at the National Archives and Records Administration (NARA) 

and the EPA Regional Office.



DATES: This action is effective October 18, 2018.



ADDRESSES: SIP materials which are incorporated by reference into 40 

CFR part 52 are available for inspection at the following locations: 

Air Protection Division, U.S. Environmental Protection Agency, Region 

III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; and the 

National Archives and Records Administration (NARA). For information on 

the availability of this material at NARA, call 202-741-6030, or go to: 

http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. EPA requests that you email the contact listed in 

the FOR FURTHER INFORMATION CONTACT section.



FOR FURTHER INFORMATION CONTACT: Erin Trouba, (215) 814-2023 or by 

email at [email protected].



SUPPLEMENTARY INFORMATION: 



I. Background



    Each state has a SIP containing the control measures and strategies 

used to attain and maintain the national ambient air quality standards 

(NAAQS). The SIP is extensive, containing such elements as air 

pollution control regulations, emission inventories, monitoring 

networks, attainment demonstrations, and enforcement mechanisms.

    Each state must formally adopt the control measures and strategies 

in the SIP after the public has had an opportunity to comment on them 

and then submit the proposed SIP revisions to EPA. Once these control 

measures and strategies are approved by EPA, and after notice and 

comment, they are incorporated into the federally-approved SIP and are 

identified in part 52 ``Approval and Promulgation of Implementation 

Plans,'' title 40 of the Code of Federal Regulations (40 CFR part 52). 

The full text of the state regulation approved by EPA is not reproduced 

in its entirety in 40 CFR part 52, but is ``incorporated by 

reference.'' This means that EPA has approved a given state regulation 

with a specific effective date. The public is referred to the location 

of the full text version should they want to know which measures are 

contained in a given SIP. The information provided allows EPA and the 

public to monitor the extent to which a state implements a SIP to 

attain and maintain the NAAQS and to take enforcement action if 

necessary.

    The SIP is a living document which a state revises as necessary to 

address its unique air pollution problems. Therefore, EPA, from time to 

time, must take action on SIP revisions containing new and/or revised 

regulations as being part of the SIP. On May 22, 1997 (62 FR 27968), 

EPA revised the procedures for incorporating by reference federally-

approved SIPs, as a result of consultations between EPA and the Office 

of the Federal Register (OFR). The description of the revised SIP 

document, IBR procedures and ``Identification of plan'' format are 

discussed in further detail in the May 22, 1997, Federal Register 

document. On February 10, 2005 (70 FR 7024), EPA published a Federal 

Register beginning the new IBR procedure for West Virginia. On February 

28, 2007 (72 FR 8903), February 10, 2009 (74 FR 6542), December 28, 

2010 (75 FR 81474), July 25, 2013 (78 FR 44884), and June 14, 2017 (82 

FR 27118) EPA published updates to the IBR material for West Virginia. 

Since the publication of the last IBR update, EPA has approved into the 

SIP the following regulatory changes to the following West Virginia 

regulations:



A. Added Regulations



    None.



B. Revised Regulations



1. 45 CSR 8 (Ambient Air Quality Standards)

2. 45 CSR 14 (Permits for Construction and Major Modification of Major 

Stationary Sources of Air Pollution for the Prevention of Significant 

Deterioration)



C. Removed Regulations



1. 45 CSR 39 (Control of Annual Nitrogen Oxide Emissions to Mitigate 

Interstate Transport of Fine Particulate Matter and Nitrogen Oxides)

2. 45 CSR 41 (Control of Annual Sulfur Dioxides Emissions)

3. In 52.2520 paragraph (d) Source Specific Requirements for West 

Virginia, there was a removal of source-specific SIP requirements for 

the following five facilities in West Virginia that had permanently 

shutdown: Mountaineer Carbon Company; Standard Lafarge; Follansbee 

Steel Corporation; International Mill Service, Inc.; and Columbian 

Chemicals Company.



II. EPA Action



    In this action, EPA is announcing the update to the IBR material as 

of May 1, 2018 and revising the text within 40 CFR 52.2520(b). In 

addition, notice is provided of correcting Federal Register citations 

listed in the Table (c) paragraph of 40 CFR 52.2520, as described: A. 

Under the ``EPA approval date'' EPA is correcting numerous Federal 

Register citation locations to reflect the first page of the preamble 

opposed to the regulatory text page for West Virginia regulations 45 

CSR Series 8 and 45 CSR Series 14.



III. Good Cause Exemption



    EPA has determined that this rule falls under the ``good cause'' 

exemption in section 553(b)(3)(B) of the Administrative Procedures Act 

(APA) which, upon finding ``good cause,'' authorizes agencies to 

dispense with public participation and section 553(d)(3) which allows 

an agency to make a rule effective immediately (thereby avoiding the 

30-day delayed effective date otherwise provided for in the APA). This 

rule simply codifies provisions which are already in effect as a matter 

of law in federal and approved state programs. Under section 553 of the 

APA, an agency may find good cause where procedures are ``impractical, 

unnecessary, or contrary to the public interest.'' Public comment is 

``unnecessary'' and ``contrary to the public interest'' since the 

codification only reflects existing law. Immediate notice in the CFR 

benefits the public by



[[Page 52773]]



removing outdated citations and incorrect table entries.



IV. Incorporation by Reference



    In this rule, EPA is finalizing regulatory text that includes 

incorporation by reference. In accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation by reference of previously 

EPA approved regulations promulgated by the State of West Virginia and 

federally effective prior to May 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).



V. Statutory and Executive Order Reviews



A. General Requirements



    Under the Clean Air Act (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 rule 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. This rule is not a 

``major rule'' as defined by 5 U.S.C. 804(2).



C. Petitions for Judicial Review



    EPA has also determined that the provisions of section 307(b)(1) of 

the CAA pertaining to petitions for judicial review are not applicable 

to this action. Prior EPA rulemaking actions for each individual 

component of the West Virginia SIP compilations had previously afforded 

interested parties the opportunity to file a petition for judicial 

review in the United States Court of Appeals for the appropriate 

circuit within 60 days of such rulemaking action. Thus, EPA sees no 

need in this action to reopen the 60-day period for filing such 

petitions for judicial review for this ``Identification of plan'' 

update action for West Virginia.



List of Subjects in 40 CFR Part 52



    Environmental protection, Air pollution control, Carbon monoxide, 

Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, Reporting and record keeping 

requirements, Sulfur oxides, Volatile organic compounds.



    Dated: August 27, 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 for citation for part 52 continues to read as follows:



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



Subpart XX--West Virginia



0

2. Section 52.2520 is amended by:

0

a. Revising paragraph (b).

0

b. Revising paragraph (c) table entries for 45 CSR 8 (Ambient Air 

Quality Standards) and 45 CSR 14 (Permits for Construction and Major 

Modification of Major Stationary Sources of Air Pollution for the 

Prevention of Significant Deterioration).

    The revisions read as follows:





Sec.  52.2520  Identification of plan.



* * * * *

    (b) Incorporation by reference. (1) Material listed in paragraphs 

(c) and (d) of this section with an EPA approval date prior to May 1, 

2018, was approved for incorporation by reference by the Director of 

the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 

51. Entries in paragraphs (c) and (d) of this section with the EPA 

approval dates after May 1, 2018 for the State of West Virginia have 

been approved by EPA for inclusion in the State implementation plan and 

for incorporation by reference into the plan as it is contained in this 

section, and will be considered by the Director of the Federal Register 

for approval in the next update to the SIP compilation.

    (2) EPA Region III certifies that the materials provided by EPA at 

the addresses in paragraph (b)(3) of this section are an exact 

duplicate of the officially promulgated state rules/regulations which 

have been approved as part of the state implementation plan as of the 

dates referenced in paragraph (b)(1) of this section.

    (3) Copies of the materials incorporated by reference into the 

state implementation plan may be inspected at the Environmental 

Protection Agency,



[[Page 52774]]



Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. To 

obtain the material, please call the Regional Office at (215) 814-3376. 

You may also inspect the material with an EPA approval date prior to 

May 1, 2018 for the State of West Virginia at the National Archives and 

Records Administration (NARA). For information on the availability of 

this material at NARA, go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    (c) EPA-Approved Regulations and Statutes.



                                EPA-Approved Regulations in the West Virginia SIP

----------------------------------------------------------------------------------------------------------------

                                                                                          Additional explanation/

State citation [Chapter 16-       Title/subject            State       EPA approval date     citation at 40 CFR

       20 or 45 CSR]                                  effective date                              52.2565

----------------------------------------------------------------------------------------------------------------

 

                                                  * * * * * * *

----------------------------------------------------------------------------------------------------------------

[45 CSR] Series 8..........                             Ambient Air Quality Standards

----------------------------------------------------------------------------------------------------------------

Section 45-8-1.............  General................          6/1/17  3/23/18, 83 FR      Filing and effective

                                                                       12677.              dates are revised.

Section 45-8-2.............  Definitions............          6/1/17  3/23/18, 83 FR      Previous Approval 9/22/

                                                                       12677.              2014.

Section 45-8-3.............  Adoption of Standards..          6/1/17  3/23/18, 83 FR      Effective date is

                                                                       12677.              revised.

Section 45-8-4.............  Inconsistency Between            6/1/17  3/23/18, 83 FR      Replaced ``West

                              Rules.                                   12677.              Virginia Department

                                                                                           of Environmental

                                                                                           Protection'' with

                                                                                           ``Division of Air

                                                                                           Quality.''

 

                                                  * * * * * * *

----------------------------------------------------------------------------------------------------------------

[45 CSR] Series 14.........   Permits for Construction and Major Modification of Major Stationary Sources of Air

                                                        Pollution for the Prevention of

                                                          Significant Deterioration

----------------------------------------------------------------------------------------------------------------

Section 45-14-1............  General................      06/01/2015  08/11/2016, 81 FR   ......................

                                                                       53008.

Section 45-14-2............  Definitions............      06/01/2015  08/11/2016, 81 FR   ......................

                                                                       53008.

Section 45-14-3............  Applicability..........      06/01/2015  08/11/2016, 81 FR   ......................

                                                                       53008.

Section 45-14-4............  Ambient Air Quality          06/01/2015  08/11/2016, 81 FR   ......................

                              Increments and                           53008.

                              Ceilings.

Section 45-14-5............  Area Classification....      06/01/2015  08/11/2016, 81 FR   ......................

                                                                       53008.

Section 45-14-6............  Prohibition of               06/01/2015  08/11/2016, 81 FR   ......................

                              Dispersion Enhancement                   53008.

                              Techniques.

Section 45-14-7............  Registration, Report         06/01/2015  08/11/2016, 81 FR   ......................

                              and Permit                               53008.

                              Requirements for Major

                              Stationary Sources and

                              Major Modifications.

Section 45-14-8............  Requirements Relating        06/01/2015  08/11/2016, 81 FR   ......................

                              to Control Technology.                   53008.

Section 45-14-9............  Requirements Relating        06/01/2015  08/11/2016, 81 FR   ......................

                              to the Source's Impact                   53008.

                              on Air Quality.

Section 45-14-10...........  Modeling Requirements..      06/01/2015  08/11/2016, 81 FR   ......................

                                                                       53008.

Section 45-14-11...........  Air Quality Monitoring       06/01/2015  08/11/2016, 81 FR   ......................

                              Requirements.                            53008.

Section 45-14-12...........  Additional Impacts           06/01/2015  08/11/2016, 81 FR   ......................

                              Analysis Requirements.                   53008.

Section 45-14-13...........  Additional Requirements      06/01/2015  08/11/2016, 81 FR   ......................

                              and Variances for                        53008.

                              Source Impacting

                              Federal Class 1 Areas.

Section 45-14-14...........  Procedures for Sources       06/01/2015  08/11/2016, 81 FR   ......................

                              Employing Innovative                     53008.

                              Control Technology.

Section 45-14-15...........  Exclusions From              06/01/2015  08/11/2016, 81 FR   ......................

                              Increment Consumption.                   53008.

Section 45-14-16...........  Specific Exemptions....      06/01/2015  08/11/2016, 81 FR   ......................

                                                                       53008.

Section 45-14-17...........  Public Review                06/01/2015  08/11/2016, 81 FR   ......................

                              Procedures.                              53008.

Section 45-14-18...........  Public Meetings........      06/01/2015  08/11/2016, 81 FR   ......................

                                                                       53008.

Section 45-14-19...........  Permit Transfer,             06/01/2015  08/11/2016, 81 FR   ......................

                              Cancellation and                         53008.

                              Responsibility.

Section 45-14-20...........  Disposition of Permits.      06/01/2015  08/11/2016, 81 FR   ......................

                                                                       53008.

Section 45-14-21...........  Conflict with Other          06/01/2015  08/11/2016, 81 FR   ......................

                              Permitting Rules.                        53008.



[[Page 52775]]



 

Section 45-14-25...........  Actual PALs............      06/01/2015  08/11/2016, 81 FR   ......................

                                                                       53008.

Section 45-14-26...........  Inconsistency Between        06/01/2015  08/11/2016,81 FR    ......................

                              Rules.                                   53008.

 

                                                  * * * * * * *

----------------------------------------------------------------------------------------------------------------



* * * * *

[FR Doc. 2018-22653 Filed 10-17-18; 8:45 am]

 BILLING CODE 6560-50-P





                                             52772            Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Rules and Regulations

                                               Dated: October 2, 2018.                               elements as air pollution control                      B. Revised Regulations
                                             J.R. Buzzella,                                          regulations, emission inventories,                     1. 45 CSR 8 (Ambient Air Quality
                                             Captain, U.S. Coast Guard, Captain of the               monitoring networks, attainment                             Standards)
                                             Port San Diego.                                         demonstrations, and enforcement                        2. 45 CSR 14 (Permits for Construction
                                             [FR Doc. 2018–22736 Filed 10–17–18; 8:45 am]            mechanisms.                                                 and Major Modification of Major
                                             BILLING CODE 9110–04–P                                     Each state must formally adopt the                       Stationary Sources of Air Pollution
                                                                                                     control measures and strategies in the                      for the Prevention of Significant
                                                                                                     SIP after the public has had an                             Deterioration)
                                             ENVIRONMENTAL PROTECTION                                opportunity to comment on them and                     C. Removed Regulations
                                             AGENCY                                                  then submit the proposed SIP revisions
                                                                                                     to EPA. Once these control measures                    1. 45 CSR 39 (Control of Annual
                                             40 CFR Part 52                                          and strategies are approved by EPA, and                     Nitrogen Oxide Emissions to
                                                                                                                                                                 Mitigate Interstate Transport of Fine
                                             [WV106–6044; FRL–9983–55–Region 3]                      after notice and comment, they are
                                                                                                                                                                 Particulate Matter and Nitrogen
                                                                                                     incorporated into the federally-
                                             Approval and Promulgation of Air                                                                                    Oxides)
                                                                                                     approved SIP and are identified in part                2. 45 CSR 41 (Control of Annual Sulfur
                                             Quality Implementation Plans; West                      52 ‘‘Approval and Promulgation of                           Dioxides Emissions)
                                             Virginia; Update to Materials                           Implementation Plans,’’ title 40 of the                3. In 52.2520 paragraph (d) Source
                                             Incorporated by Reference                               Code of Federal Regulations (40 CFR                         Specific Requirements for West
                                             AGENCY:  Environmental Protection                       part 52). The full text of the state                        Virginia, there was a removal of
                                             Agency (EPA).                                           regulation approved by EPA is not                           source-specific SIP requirements for
                                                                                                     reproduced in its entirety in 40 CFR part                   the following five facilities in West
                                             ACTION: Final rule; administrative
                                                                                                     52, but is ‘‘incorporated by reference.’’                   Virginia that had permanently
                                             change.
                                                                                                     This means that EPA has approved a                          shutdown: Mountaineer Carbon
                                             SUMMARY:    The Environmental Protection                given state regulation with a specific                      Company; Standard Lafarge;
                                             Agency (EPA) is updating the materials                  effective date. The public is referred to                   Follansbee Steel Corporation;
                                             that are incorporated by reference (IBR)                the location of the full text version                       International Mill Service, Inc.; and
                                             into the West Virginia state                            should they want to know which                              Columbian Chemicals Company.
                                             implementation plan (SIP). The                          measures are contained in a given SIP.
                                                                                                     The information provided allows EPA                    II. EPA Action
                                             regulations affected by this update have
                                             been previously submitted by the West                   and the public to monitor the extent to                   In this action, EPA is announcing the
                                             Virginia Department of Environmental                    which a state implements a SIP to attain               update to the IBR material as of May 1,
                                             Protection (WV DEP) and approved by                     and maintain the NAAQS and to take                     2018 and revising the text within 40
                                             EPA. This update affects the SIP                        enforcement action if necessary.                       CFR 52.2520(b). In addition, notice is
                                             materials that are available for public                                                                        provided of correcting Federal Register
                                                                                                        The SIP is a living document which
                                             inspection at the National Archives and                                                                        citations listed in the Table (c)
                                                                                                     a state revises as necessary to address its
                                             Records Administration (NARA) and the                                                                          paragraph of 40 CFR 52.2520, as
                                                                                                     unique air pollution problems.
                                             EPA Regional Office.                                                                                           described: A. Under the ‘‘EPA approval
                                                                                                     Therefore, EPA, from time to time, must
                                                                                                                                                            date’’ EPA is correcting numerous
                                             DATES: This action is effective October                 take action on SIP revisions containing
                                                                                                                                                            Federal Register citation locations to
                                             18, 2018.                                               new and/or revised regulations as being
                                                                                                                                                            reflect the first page of the preamble
                                             ADDRESSES: SIP materials which are                      part of the SIP. On May 22, 1997 (62 FR
                                                                                                                                                            opposed to the regulatory text page for
                                             incorporated by reference into 40 CFR                   27968), EPA revised the procedures for
                                                                                                                                                            West Virginia regulations 45 CSR Series
                                             part 52 are available for inspection at                 incorporating by reference federally-
                                                                                                                                                            8 and 45 CSR Series 14.
                                             the following locations: Air Protection                 approved SIPs, as a result of
                                             Division, U.S. Environmental Protection                 consultations between EPA and the                      III. Good Cause Exemption
                                             Agency, Region III, 1650 Arch Street,                   Office of the Federal Register (OFR). The                 EPA has determined that this rule
                                             Philadelphia, Pennsylvania 19103; and                   description of the revised SIP                         falls under the ‘‘good cause’’ exemption
                                             the National Archives and Records                       document, IBR procedures and                           in section 553(b)(3)(B) of the
                                             Administration (NARA). For                              ‘‘Identification of plan’’ format are                  Administrative Procedures Act (APA)
                                             information on the availability of this                 discussed in further detail in the May                 which, upon finding ‘‘good cause,’’
                                             material at NARA, call 202–741–6030,                    22, 1997, Federal Register document.                   authorizes agencies to dispense with
                                             or go to: http://www.archives.gov/                      On February 10, 2005 (70 FR 7024), EPA                 public participation and section
                                             federal_register/code_of_federal_                       published a Federal Register beginning                 553(d)(3) which allows an agency to
                                             regulations/ibr_locations.html. EPA                     the new IBR procedure for West                         make a rule effective immediately
                                             requests that you email the contact                     Virginia. On February 28, 2007 (72 FR                  (thereby avoiding the 30-day delayed
                                             listed in the FOR FURTHER INFORMATION                   8903), February 10, 2009 (74 FR 6542),                 effective date otherwise provided for in
                                             CONTACT section.                                        December 28, 2010 (75 FR 81474), July                  the APA). This rule simply codifies
                                             FOR FURTHER INFORMATION CONTACT: Erin                   25, 2013 (78 FR 44884), and June 14,                   provisions which are already in effect as
                                             Trouba, (215) 814–2023 or by email at                   2017 (82 FR 27118) EPA published                       a matter of law in federal and approved
                                             trouba.erin@epa.gov.                                    updates to the IBR material for West                   state programs. Under section 553 of the
                                             SUPPLEMENTARY INFORMATION:
                                                                                                     Virginia. Since the publication of the                 APA, an agency may find good cause
khammond on DSK30JT082PROD with RULES




                                                                                                     last IBR update, EPA has approved into                 where procedures are ‘‘impractical,
                                             I. Background                                           the SIP the following regulatory changes               unnecessary, or contrary to the public
                                                Each state has a SIP containing the                  to the following West Virginia                         interest.’’ Public comment is
                                             control measures and strategies used to                 regulations:                                           ‘‘unnecessary’’ and ‘‘contrary to the
                                             attain and maintain the national                        A. Added Regulations                                   public interest’’ since the codification
                                             ambient air quality standards (NAAQS).                                                                         only reflects existing law. Immediate
                                             The SIP is extensive, containing such                         None.                                            notice in the CFR benefits the public by


                                        VerDate Sep<11>2014   15:53 Oct 17, 2018   Jkt 247001   PO 00000    Frm 00022   Fmt 4700   Sfmt 4700   E:\FR\FM\18OCR1.SGM   18OCR1


                                                              Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Rules and Regulations                                             52773

                                             removing outdated citations and                         safety risks subject to Executive Order               List of Subjects in 40 CFR Part 52
                                             incorrect table entries.                                13045 (62 FR 19885, April 23, 1997);                    Environmental protection, Air
                                             IV. Incorporation by Reference                             • Is not a significant regulatory action           pollution control, Carbon monoxide,
                                                                                                     subject to Executive Order 13211 (66 FR               Incorporation by reference,
                                                In this rule, EPA is finalizing                      28355, May 22, 2001);                                 Intergovernmental relations, Lead,
                                             regulatory text that includes
                                             incorporation by reference. In                             • Is not subject to requirements of                Nitrogen dioxide, Ozone, Particulate
                                                                                                     Section 12(d) of the National                         matter, Reporting and record keeping
                                             accordance with requirements of 1 CFR
                                                                                                     Technology Transfer and Advancement                   requirements, Sulfur oxides, Volatile
                                             51.5, EPA is finalizing the incorporation
                                                                                                     Act of 1995 (15 U.S.C. 272 note) because              organic compounds.
                                             by reference of previously EPA
                                             approved regulations promulgated by                     application of those requirements would                 Dated: August 27, 2018.
                                             the State of West Virginia and federally                be inconsistent with the CAA; and                     Cecil Rodrigues,
                                             effective prior to May 1, 2018. EPA has                    • Does not provide EPA with the                    Acting Regional Administrator, Region III.
                                             made, and will continue to make, these                  discretionary authority to address, as
                                                                                                                                                               40 CFR part 52 is amended as follows:
                                             materials generally available through                   appropriate, disproportionate human
                                             www.regulations.gov and at the EPA                      health or environmental effects, using                PART 52—APPROVAL AND
                                             Region III Office (please contact the                   practicable and legally permissible                   PROMULGATION OF
                                             person identified in the FOR FURTHER                    methods, under Executive Order 12898                  IMPLEMENTATION PLANS
                                             INFORMATION CONTACT section of this                     (59 FR 7629, February 16, 1994).
                                             preamble for more information).                            In addition, this rule does not have               ■ 1. The authority for citation for part 52
                                                                                                     tribal implications as specified by                   continues to read as follows:
                                             V. Statutory and Executive Order
                                             Reviews                                                 Executive Order 13175 (65 FR 67249,                       Authority: 42 U.S.C. 7401 et seq.
                                                                                                     November 9, 2000), because the SIP is
                                             A. General Requirements                                 not approved to apply in Indian country               Subpart XX—West Virginia
                                                Under the Clean Air Act (CAA), the                   located in the state, and EPA notes that
                                                                                                     it will not impose substantial direct                 ■ 2. Section 52.2520 is amended by:
                                             Administrator is required to approve a                                                                        ■ a. Revising paragraph (b).
                                             SIP submission that complies with the                   costs on tribal governments or preempt
                                                                                                     tribal law.                                           ■ b. Revising paragraph (c) table entries
                                             provisions of the CAA and applicable                                                                          for 45 CSR 8 (Ambient Air Quality
                                             Federal regulations. 42 U.S.C. 7410(k);                 B. Submission to Congress and the                     Standards) and 45 CSR 14 (Permits for
                                             40 CFR 52.02(a). Thus, in reviewing SIP                 Comptroller General                                   Construction and Major Modification of
                                             submissions, EPA’s role is to approve                                                                         Major Stationary Sources of Air
                                             state choices, provided that they meet                    The Congressional Review Act, 5
                                                                                                                                                           Pollution for the Prevention of
                                             the criteria of the CAA. Accordingly,                   U.S.C. 801 et seq., as added by the Small
                                                                                                                                                           Significant Deterioration).
                                             this action merely approves state law as                Business Regulatory Enforcement
                                                                                                                                                             The revisions read as follows:
                                             meeting federal requirements and does                   Fairness Act of 1996, generally provides
                                             not impose additional requirements                      that before a rule may take effect, the               § 52.2520    Identification of plan.
                                             beyond those imposed by state law. For                  agency promulgating the rule must                     *      *     *     *    *
                                             that reason, this action:                               submit a rule report, which includes a                   (b) Incorporation by reference. (1)
                                                • Is not a ‘‘significant regulatory                  copy of the rule, to each House of the                Material listed in paragraphs (c) and (d)
                                             action’’ subject to review by the Office                Congress and to the Comptroller General               of this section with an EPA approval
                                             of Management and Budget under                          of the United States. EPA will submit a               date prior to May 1, 2018, was approved
                                             Executive Orders 12866 (58 FR 51735,                    report containing this rule and other                 for incorporation by reference by the
                                             October 4, 1993) and 13563 (76 FR 3821,                 required information to the U.S. Senate,              Director of the Federal Register in
                                             January 21, 2011);                                      the U.S. House of Representatives, and                accordance with 5 U.S.C. 552(a) and 1
                                                • Is not an Executive Order 13771 (82                the Comptroller General of the United                 CFR part 51. Entries in paragraphs (c)
                                             FR 9339, February 2, 2017) regulatory                   States prior to publication of the rule in            and (d) of this section with the EPA
                                             action because SIP approvals are                        the Federal Register. This rule is not a              approval dates after May 1, 2018 for the
                                             exempted under Executive Order 12866.                   ‘‘major rule’’ as defined by 5 U.S.C.                 State of West Virginia have been
                                                • Does not impose an information                     804(2).                                               approved by EPA for inclusion in the
                                             collection burden under the provisions                  C. Petitions for Judicial Review                      State implementation plan and for
                                             of the Paperwork Reduction Act (44                                                                            incorporation by reference into the plan
                                             U.S.C. 3501 et seq.);                                     EPA has also determined that the                    as it is contained in this section, and
                                                • Is certified as not having a                       provisions of section 307(b)(1) of the                will be considered by the Director of the
                                             significant economic impact on a                        CAA pertaining to petitions for judicial              Federal Register for approval in the next
                                             substantial number of small entities                    review are not applicable to this action.             update to the SIP compilation.
                                             under the Regulatory Flexibility Act (5                 Prior EPA rulemaking actions for each                    (2) EPA Region III certifies that the
                                             U.S.C. 601 et seq.);                                    individual component of the West                      materials provided by EPA at the
                                                • Does not contain any unfunded                      Virginia SIP compilations had                         addresses in paragraph (b)(3) of this
                                             mandate or significantly or uniquely                    previously afforded interested parties                section are an exact duplicate of the
                                             affect small governments, as described                  the opportunity to file a petition for                officially promulgated state rules/
                                             in the Unfunded Mandates Reform Act                     judicial review in the United States                  regulations which have been approved
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                                             of 1995 (Pub. L. 104–4);                                Court of Appeals for the appropriate                  as part of the state implementation plan
                                                • Does not have federalism                           circuit within 60 days of such                        as of the dates referenced in paragraph
                                             implications as specified in Executive                  rulemaking action. Thus, EPA sees no                  (b)(1) of this section.
                                             Order 13132 (64 FR 43255, August 10,                    need in this action to reopen the 60-day                 (3) Copies of the materials
                                             1999);                                                  period for filing such petitions for                  incorporated by reference into the state
                                                • Is not an economically significant                 judicial review for this ‘‘Identification of          implementation plan may be inspected
                                             regulatory action based on health or                    plan’’ update action for West Virginia.               at the Environmental Protection Agency,


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                                             52774            Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Rules and Regulations

                                             Region III, 1650 Arch Street,                                 EPA approval date prior to May 1, 2018                                material at NARA, go to: http://
                                             Philadelphia, Pennsylvania 19103. To                          for the State of West Virginia at the                                 www.archives.gov/federal-register/cfr/
                                             obtain the material, please call the                          National Archives and Records                                         ibr-locations.html.
                                             Regional Office at (215) 814–3376. You                        Administration (NARA). For                                              (c) EPA-Approved Regulations and
                                             may also inspect the material with an                         information on the availability of this                               Statutes.

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


                                                       *                        *                             *                               *                         *                       *                    *

                                             [45 CSR] Series 8 ..                                                                       Ambient Air Quality Standards

                                             Section 45–8–1 .......   General ..................................................                  6/1/17      3/23/18, 83   FR        Filing and effective dates are revised.
                                                                                                                                                                12677.
                                             Section 45–8–2 .......   Definitions ..............................................                  6/1/17      3/23/18, 83   FR        Previous Approval 9/22/2014.
                                                                                                                                                                12677.
                                             Section 45–8–3 .......   Adoption of Standards ...........................                           6/1/17      3/23/18, 83   FR        Effective date is revised.
                                                                                                                                                                12677.
                                             Section 45–8–4 .......   Inconsistency Between Rules ................                                6/1/17      3/23/18, 83   FR        Replaced ‘‘West Virginia Department of
                                                                                                                                                                12677.                  Environmental Protection’’ with ‘‘Divi-
                                                                                                                                                                                        sion of Air Quality.’’

                                                       *                        *                             *                               *                         *                       *                    *

                                             [45 CSR] Series 14              Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of
                                                                                                                         Significant Deterioration

                                             Section 45–14–1 .....    General ..................................................        06/01/2015            08/11/2016,   81 FR
                                                                                                                                                                53008.
                                             Section 45–14–2 .....    Definitions ..............................................        06/01/2015            08/11/2016,   81 FR
                                                                                                                                                                53008.
                                             Section 45–14–3 .....    Applicability ............................................        06/01/2015            08/11/2016,   81 FR
                                                                                                                                                                53008.
                                             Section 45–14–4 .....    Ambient Air Quality Increments and                                06/01/2015            08/11/2016,   81 FR
                                                                        Ceilings.                                                                               53008.
                                             Section 45–14–5 .....    Area Classification .................................             06/01/2015            08/11/2016,   81 FR
                                                                                                                                                                53008.
                                             Section 45–14–6 .....     Prohibition of Dispersion Enhancement                            06/01/2015            08/11/2016,   81 FR
                                                                         Techniques.                                                                            53008.
                                             Section 45–14–7 .....     Registration, Report and Permit Re-                              06/01/2015            08/11/2016,   81 FR
                                                                         quirements for Major Stationary                                                        53008.
                                                                         Sources and Major Modifications.
                                             Section 45–14–8 .....     Requirements Relating to Control Tech-                           06/01/2015            08/11/2016,   81 FR
                                                                         nology.                                                                                53008.
                                             Section 45–14–9 .....     Requirements Relating to the Source’s                            06/01/2015            08/11/2016,   81 FR
                                                                         Impact on Air Quality.                                                                 53008.
                                             Section 45–14–10 ...      Modeling Requirements .........................                  06/01/2015            08/11/2016,   81 FR
                                                                                                                                                                53008.
                                             Section 45–14–11 ...      Air Quality Monitoring Requirements .....                        06/01/2015            08/11/2016,   81 FR
                                                                                                                                                                53008.
                                             Section 45–14–12 ...      Additional Impacts Analysis Require-                             06/01/2015            08/11/2016,   81 FR
                                                                         ments.                                                                                 53008.
                                             Section 45–14–13 ...      Additional Requirements and Variances                            06/01/2015            08/11/2016,   81 FR
                                                                         for Source Impacting Federal Class 1                                                   53008.
                                                                         Areas.
                                             Section 45–14–14 ...      Procedures for Sources Employing In-                             06/01/2015            08/11/2016,   81 FR
                                                                         novative Control Technology.                                                           53008.
                                             Section 45–14–15 ...      Exclusions From Increment Consump-                               06/01/2015            08/11/2016,   81 FR
                                                                         tion.                                                                                  53008.
                                             Section 45–14–16 ...      Specific Exemptions ...............................              06/01/2015            08/11/2016,   81 FR
                                                                                                                                                                53008.
                                             Section 45–14–17 ...      Public Review Procedures .....................                   06/01/2015            08/11/2016,   81 FR
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                                                                                                                                                                53008.
                                             Section 45–14–18 ...      Public Meetings ......................................           06/01/2015            08/11/2016,   81 FR
                                                                                                                                                                53008.
                                             Section 45–14–19 ...      Permit Transfer, Cancellation and Re-                            06/01/2015            08/11/2016,   81 FR
                                                                         sponsibility.                                                                          53008.
                                             Section 45–14–20 ...      Disposition of Permits ............................              06/01/2015            08/11/2016,   81 FR
                                                                                                                                                                53008.
                                             Section 45–14–21 ...      Conflict with Other Permitting Rules ......                      06/01/2015            08/11/2016,   81 FR
                                                                                                                                                                53008.


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                                                                Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Rules and Regulations                                                          52775

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

                                             Section 45–14–25 ...       Actual PALs ...........................................        06/01/2015            08/11/2016, 81 FR
                                                                                                                                                               53008.
                                             Section 45–14–26 ...       Inconsistency Between Rules ................                   06/01/2015            08/11/2016,81 FR
                                                                                                                                                               53008.

                                                        *                         *                           *                              *                        *                      *                *



                                             *      *       *       *      *                               our Utah Ecological Services Field                              indicates an adaptation to pollination
                                             [FR Doc. 2018–22653 Filed 10–17–18; 8:45 am]                  Office (see FOR FURTHER INFORMATION                             primarily by large bees, likely
                                             BILLING CODE 6560–50–P                                        CONTACT, below). The post-delisting                             bumblebees (Bombus spp.), which are
                                                                                                           monitoring plan for Deseret milkvetch is                        generalist pollinators (Stone 1992, p. 4).
                                                                                                           available on our Endangered Species                             The species appears to be tolerant of
                                             DEPARTMENT OF THE INTERIOR                                    Program’s national website (http://                             drought (Stone 1992, p. 3). A more
                                                                                                           endangered.fws.gov) and the internet at                         detailed description of the biology and
                                             Fish and Wildlife Service                                     http://www.regulations.gov under                                life history of Deseret milkvetch can be
                                                                                                           Docket No. FWS–R6–ES–2016–0013.                                 found in our 5-year review of the
                                             50 CFR Part 17                                                FOR FURTHER INFORMATION CONTACT:                                species (U.S. Fish and Wildlife Service
                                             [Docket No. FWS–R6–ES–2016–0013;                              Larry Crist, Field Supervisor, telephone:                       2011, pp. 5–7).
                                             FXES11130900000C6–189–FF09E42000]                             801–975–3330. Direct all questions or                              Deseret milkvetch is endemic to Utah
                                                                                                           requests for additional information to:                         County in central Utah, with the only
                                             RIN 1018–BB41                                                                                                                 known population near the town of
                                                                                                           DESERET MILKVETCH QUESTIONS,
                                             Endangered and Threatened Wildlife                            U.S. Fish and Wildlife Service; Utah                            Birdseye (Stone 1992, p. 2). It occurs
                                             and Plants; Removing Deseret                                  Ecological Services Field Office; 2369                          exclusively on sandy-gravelly soils
                                             Milkvetch (Astragalus desereticus)                            Orton Circle, Suite 50; West Valley City,                       weathered from the Moroni geological
                                             From the Federal List of Endangered                           UT 84119. If you use a                                          formation, which are limited to an area
                                             and Threatened Plants                                         telecommunications device for the deaf                          of approximately 100 square miles (mi2)
                                                                                                           (TDD), you may call the Federal Relay                           (259 square kilometers (km2)) (Franklin
                                             AGENCY:   Fish and Wildlife Service,                          Service at 800–877–8339.                                        1990, p. 4; Stone 1992, p. 3). The
                                             Interior.                                                     SUPPLEMENTARY INFORMATION:                                      species is known to occur at elevations
                                             ACTION: Final rule; document                                                                                                  of 5,400 to 5,700 feet (ft) (1,646 to 1,737
                                             availability.                                                 Previous Federal Actions                                        meters (m)) (Stone 1992, p. 2; Anderson
                                                                                                             On October 2, 2017, we published a                            2016, pers. comm.; Fitts 2016, pers.
                                             SUMMARY:   We, the U.S. Fish and                              proposed rule to remove Deseret                                 comm.). Based upon the species’ narrow
                                             Wildlife Service (Service), are removing                      milkvetch from the List of Endangered                           habitat requirements, it has likely
                                             Deseret milkvetch (Astragalus                                 and Threatened Plants (i.e., to ‘‘delist’’                      always been rare, with little unoccupied
                                             desereticus) from the Federal List of                         the species) (82 FR 45779). Please refer                        suitable habitat (Franklin 1990, p. 6;
                                             Endangered and Threatened Plants due                          to that proposed rule for a detailed                            Stone 1992, p. 6).
                                             to recovery. Based on the best available                      description of the Federal actions                                 Deseret milkvetch is found on steep
                                             scientific and commercial data, threats                       concerning this species that occurred                           south- and west-facing slopes with
                                             to Deseret milkvetch identified at the                        prior to October 2, 2017.                                       scattered Colorado pinyon pine (Pinus
                                             time of listing are not as significant as                                                                                     edulis) and Utah juniper (Juniperus
                                             originally anticipated and are being                          Species Description and Habitat                                 osteosperma) (Franklin 1990, p. 2). It
                                             adequately managed, the species’                              Information                                                     also grows on west-facing road-cuts
                                             population is much greater than was                             Deseret milkvetch was first collected                         where plants are typically larger than
                                             known at the time of listing, and threats                     in 1893, again in 1909, then not located                        those found in undisturbed habitat
                                             to this species have been sufficiently                        again until 1981 (Barnaby 1989, p. 126;                         (Franklin 1990, p. 2). The species’
                                             minimized such that it no longer meets                        Franklin 1990, p. 2). The gap in                                habitat is sparsely vegetated (SWCA
                                             the definition of an endangered species                       collections may be due to confusion                             Environmental Consultants 2015, p. 7).
                                             or threatened species under the                               regarding initial records, which were                           The species is an associate of the
                                             Endangered Species Act of 1973, as                            wrongly attributed to Sanpete County,                           pinyon-juniper plant community. It is
                                             amended (Act).                                                Utah (Franklin 1990, p. 2). The 1964                            not shade-tolerant but is found in open
                                             DATES: This final rule is effective                           description and classification of Deseret                       areas between trees (Goodrich et al.
                                             November 19, 2018.                                            milkvetch by Barneby is the accepted                            1999, p. 265).
                                             ADDRESSES: Comments, materials                                taxonomic status (Barneby 1989, p. 126;                            Deseret milkvetch is probably a
                                             received and supporting documentation                         ITIS 2015).                                                     relatively new species on the scale of
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                                             used in the preparation of this final rule                      Deseret milkvetch is a perennial,                             geologic time. The species’ genus has
                                             are available on the internet at http://                      herbaceous plant in the legume family                           the ability to colonize disturbed or
                                             www.regulations.gov under Docket No.                          with silvery-gray pubescent leaves that                         unstable habitats in dry climates. This
                                             FWS–R6–ES–2016–0013. Additionally,                            are 2 to 5 inches (4 to 12 centimeters)                         ability has likely hastened the evolution
                                             comments, materials received, and                             long and flower petals that are white to                        of the genus and given rise to many
                                             supporting documentation are available                        pinkish with lilac-colored tips (Barneby                        species of Astragalus that are sharply
                                             for public inspection by appointment at                       1989, p. 126). The flower structure                             differentiated and individually


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Document Created: 2018-10-18 03:05:47
Document Modified: 2018-10-18 03:05:47
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; administrative change.
DatesThis action is effective October 18, 2018.
ContactErin Trouba, (215) 814-2023 or by
FR Citation83 FR 52772 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Record Keeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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