39650 Federal Register / Vol. 78, No. 127 / Tuesday, July 2, 2013 / Proposed Rules 

[FR Doc. C1–2013–14367 Filed 7–1–13; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0299; FRL–9829–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Section 110(a)(2) 

Infrastructure Requirements for the 

2008 Ozone National Ambient Air 

Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is approving State 

Implementation Plan (SIP) submittals 

from the State of West Virginia pursuant 

to the Clean Air Act (CAA). Whenever 

new or revised national ambient air 

quality standards (NAAQS) are 

promulgated, the CAA requires states to 

submit a plan for the implementation, 

maintenance, and enforcement of such 

NAAQS. The plan is required to address 

basic program elements, including, but 

not limited to regulatory structure, 

monitoring, modeling, legal authority, 

and adequate resources necessary to 

assure attainment and maintenance of 

the standards. These elements are 

referred to as infrastructure 

requirements. West Virginia has made 

submittals addressing the infrastructure 

requirements for the 2008 8-hour ozone 

NAAQS. This action approves portions 

of those submittals. 

DATES: Written comments must be 

received on or before August 1, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID EPA–R03–OAR– 

2013–0299 by one of the following 

methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2013–0299, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, Air 

Protection Division, Mailcode 3AP30, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2013– 

0299. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Schmitt, (215) 814–5787, or by 

email at schmitt.ellen@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

February 17, 2012, the West Virginia 

Department of Environmental Protection 

(WVDEP) submitted a revision to its SIP 

to satisfy the requirements of section 

110(a)(2) of the CAA for the 2008 ozone 

NAAQS. 

I. Background 

On March 27, 2008, EPA promulgated 

a revised NAAQS for ozone based on 8- 

hour average concentrations. EPA 

revised the level of the 8-hour ozone 

NAAQS to 0.075 parts per million 

(ppm). Pursuant to section 110(a)(1) of 

the CAA, states are required to submit 

SIPs meeting the applicable 

requirements of section 110(a)(2) within 

three years after promulgation of a new 

or revised NAAQS or within such 

shorter period as EPA may prescribe. 

Section 110(a)(2) requires states to 

address basic SIP elements such as 

requirements for monitoring, basic 

program requirements and legal 

authority that are designed to assure 

attainment and maintenance of the 

NAAQS. Section 110(a) imposes the 

obligation upon states to make a SIP 

submission to EPA for a new or revised 

NAAQS, but the contents of that 

submission may vary depending upon 

the facts and circumstances. In 

particular, the data and analytical tools 

available at the time the state develops 

and submits the SIP for a new or revised 

NAAQS affects the content of the 

submission. The content of such SIP 

submissions may also vary depending 

upon what provisions the state’s 

existing SIP already contains. 

In the case of the 2008 8-hour ozone 

NAAQS, states typically have met the 

basic program elements required in 

section 110(a)(2) through earlier SIP 

submissions in connection with the 

1997 8-hour ozone NAAQS. More 

specifically, section 110(a)(1) provides 

the procedural and timing requirements 

for SIPs. Section 110(a)(2) lists specific 

elements that states must meet for 

‘‘infrastructure’’ SIP requirements 

related to a newly established or revised 

NAAQS. As mentioned above, these 

requirements include basic SIP elements 

such as requirements for monitoring, 

basic program requirements and legal 

authority that are designed to assure 

attainment and maintenance of the 

NAAQS. 

II. Summary of SIP Revision 

On February 17, 2012, the WVDEP 

provided a submittal to satisfy the 

requirements of section 110(a)(2) of the 

CAA for the 2008 ozone NAAQS. This 

submittal addressed the following 

infrastructure elements or portions 

thereof, which EPA is proposing to 

approve: CAA section 110(a)(2)(A), (B), 

(C), (D), (E), (F), (G), (H), (J), (K), (L), and 

(M). A detailed summary of EPA’s 


emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 127 / Tuesday, July 2, 2013 / Proposed Rules 39651 

review and rationale for approving West 

Virginia’s submittal may be found in the 

Technical Support Document (TSD) for 

this proposed rulemaking action, which 

is available online at 

www.regulations.gov, Docket number 

EPA–R03–OAR–2013–0299. 

III. Proposed Action 

EPA is proposing to approve the 

following elements or portions thereof 

of West Virginia’s February 17, 2012 SIP 

revision: (A), (B), (C), (D)(i)(II), (D)(ii), 

(E)(i), (E)(iii), (F), (G), (H), (J), (K), (L), 

and (M). West Virginia’s SIP revision 

provides the basic program elements 

specified in CAA section 110(a)(2) 

necessary to implement, maintain, and 

enforce the 2008 ozone NAAQS. This 

action does not include any proposed 

action on section 110(a)(2)(I) of the CAA 

which pertains to the nonattainment 

requirements of part D, Title I of the 

CAA, because this element is not 

required to be submitted by the 3-year 

submission deadline of CAA section 

110(a)(1), and will be addressed in a 

separate process. This action also does 

not include proposed action on section 

110(a)(2)(D)(i)(I) of the CAA, because 

this element, or portions thereof, is not 

required to be submitted by a state to 

meet CAA section 110(a)(2)(D)(i)(I) until 

the EPA has quantified a state’s 

obligations under that section. See EME 

Homer City Generation, LP v. EPA, 696 

F.3d 7 (DC Cir. 2012), reh’g denied 2013 

U.S. App. LEXIS 1623 (Jan. 24, 2013). 

Additionally, EPA has taken separate 

action on the portions of CAA section 

110(a)(2) infrastructure elements for the 

2008 ozone NAAQS as they relate to 

West Virginia’s PSD program, as 

required by part C of Title I of the CAA. 

This includes portions of the following 

infrastructure elements: CAA section 

110(a)(2)(C), (D)(i)(II), and (J). See (77 FR 

63736, October 17, 2012) and (78 FR 

27062, May 9, 2013). EPA will take later 

separate action on CAA section 

110(a)(2)(E)(ii) for the 2008 ozone 

NAAQS as it relates to CAA section 128, 

‘‘State Boards.’’ 

EPA is soliciting public comments on 

the issues discussed in this document. 

These comments will be considered 

before taking final action. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule, which 

satisfies the infrastructure requirements 

of section 110(a)(2) of the CAA for the 

2008 ozone NAAQS, does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone, Volatile organic 

compounds, Nitrogen dioxide, Record 

keeping. 

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

Dated: June 13, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2013–15893 Filed 7–1–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0211; FRL–9829–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Section 110(a)(2) Infrastructure 

Requirements for the 2008 Ozone 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Virginia addressing 

the basic program elements specified in 

110(a)(2) of the Clean Air Act (CAA) 

necessary to implement, maintain, and 

enforce the 2008 ozone national ambient 

air quality standards (NAAQS). This 

submission is commonly referred to as 

an infrastructure SIP. This action does 

not include any proposed action on 

element (I) which pertains to the 

nonattainment requirements of part D, 

Title I of the CAA, because this element 

is not required to be submitted by the 

3-year submission deadline of CAA 

section 110(a)(1), and will be addressed 

in a separate action. This action is being 

taken under the CAA. 

DATES: Written comments must be 

received on or before August 1, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2013–0211 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2013–0211, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, Air 

Protection Division, Mailcode 3AP30, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2013– 


emcdonald on DSK67QTVN1PROD with PROPOSALS