Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules 36823 

12State Effective dates for both rules is November 

6, 2017 (49 N.J.R. 3518). 

Nitrogen,’’ 12 for purposes of satisfying 

the 2008 8-hour ozone standard RACT 

requirements, NOX RACT for major 

sources, Non-CTG VOC RACT for major 

sources, all VOC CTG RACT sources 

and relevant OTR RACT requirements. 

The EPA is also proposing to approve 

portions of New Jersey’s January 2, 2018 

SIP revision that certifies the State has 

satisfied the requirements for an 

enhanced motor vehicle I/M program, 

an emission statement program, an 

ozone specific provisions NNSR 

program. As indicated in footnote 5, 

above, the EPA will address the 

remainder of the January 2, 2018 SIP 

submittal in a separate rulemaking. 

The EPA is soliciting public 

comments on the issues discussed in 

this proposal. These comments will be 

considered before the EPA takes final 

action. Interested parties may 

participate in the Federal rulemaking 

procedure by submitting written 

comments as discussed in the 

ADDRESSES section of this rulemaking. 

VI. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference of 

revisions to Title 7, Chapter 27: 

Subchapters 16 and 19 of the New 

Jersey Administrative Code that 

implements New Jersey’s RACT 

regulations for VOCs and NOX, as 

described in section III of this preamble. 

The EPA has made, and will continue 

to make, these materials generally 

available through www.regulations.gov 

and at the EPA Region 2 Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

VII. 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) and 13563 (76 FR 382, 

January 21, 2011); 

• is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are exempt 

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 proposed rulemaking 

action, pertaining to New Jersey’s 2008 

8-hour ozone RACT submission the is 

not approved to apply on any Indian 

reservation land or in any other area 

where EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen Dioxide, 

Intergovernmental Relations, Ozone, 

Reporting and recordkeeping 

requirements, Volatile Organic 

Compounds. 

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

Dated: July 23, 2018. 

Peter D. Lopez, 

Regional Administrator, Region 2. 

[FR Doc. 2018–16378 Filed 7–30–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2018–0550; FRL–9981– 

60—Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; 2018 Amendments to West 

Virginia’s Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

submitted by the State of West Virginia. 

This revision updates the effective date 

by which the state incorporates by 

reference the national ambient air 

quality standards (NAAQS) as well as 

their monitoring reference and 

equivalent methods. This action is being 

taken under the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before August 30, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2018–0550 at http://

www.regulations.gov, or via email to 

spielberger.susan@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. For either manner 

of submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 


daltland on DSKBBV9HB2PROD with PROPOSALS
36824 Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Schulingkamp, (215) 814–2021, 

or by email at schulingkamp.joseph@

epa.gov. 

SUPPLEMENTARY INFORMATION: On June 8, 

2018, the West Virginia Department of 

Environmental Protection (WVDEP) 

submitted a formal revision to its SIP 

pertaining to amendments of Legislative 

Rule, 45CSR8—Ambient Air Quality 

Standards. The SIP revision consists of 

revising the effective date of the 

incorporation by reference of the 

NAAQS and the associated monitoring 

reference and equivalent methods. 

I. Summary of SIP Revision 

This SIP revision is required by 

WVDEP in order to update the State’s 

incorporation by reference of the 

primary and secondary NAAQS and the 

ambient air monitoring reference and 

equivalent methods, found in 40 CFR 

parts 50 and 53, respectively. Currently, 

45CSR8 incorporates by reference 40 

CFR parts 50 and 53 as effective on June 

1, 2016. Since that date, EPA retained 

the standard for lead and made a 

technical correction to the particulate 

standard. See 81 FR 71906 and 82 FR 

14325, respectively. EPA also 

designated one new ambient air 

monitoring reference method for 

measuring concentrations of sulfur 

dioxide, four new ambient air 

monitoring equivalent methods for 

measuring concentrations of fine and 

coarse particulate matter (PM2.5 and 

PM10, respectively), and two new 

equivalent methods for measuring 

concentrations of nitrogen dioxide 

(NO2) in ambient air. 

The amendments to the legislative 

rule include the following changes: To 

section 45–8–1 (General), the filing, 

effective, and incorporation by reference 

dates are changed to reflect the update 

of the legislative rule; to section 

45–8–3 (Adoption of Standards), the 

effective dates for the incorporation by 

reference of the primary and secondary 

NAAQS and the ambient air monitoring 

reference and equivalent methods are 

changed. The filing and effective dates 

of the legislative rule were updated to 

March 22, 2018 and June 1, 2018 

respectively. The effective date of the 

incorporation by reference of 40 CFR 

parts 50 and 53 changed from June 1, 

2016 to June 1, 2017. 

II. Proposed Action 

EPA is proposing to approve the West 

Virginia SIP revision updating the date 

of incorporation by reference, which 

was submitted on June 8, 2018. EPA is 

soliciting public comments on the 

issues discussed in this document. 

These comments will be considered 

before taking final action. 

III. Incorporation by Reference 

In this proposed rule, EPA is 

proposing to include in a final EPA rule 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is proposing to incorporate by 

reference 45CSR8, as effective on June 1, 

2018. EPA has made, and will continue 

to make, these materials generally 

available through http://

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). 

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 approves 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 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 proposed rule, 

updating the effective date of West 

Virginia’s 45CSR8, 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, Carbon monoxide, 

Incorporation by reference, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Sulfur oxides. 

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

Dated: July 23, 2018. 

Cosmo Servidio, 

Regional Administrator, Region III. 

[FR Doc. 2018–16375 Filed 7–30–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2018–0238, FRL–9981– 

61—Region 10] 

Air Plan Approval; Oregon: Lane 

County Permitting and General Rule 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) proposes to approve, and 

incorporate by reference, specific 

changes to the Oregon State 

Implementation Plan as it applies in 

Lane County, Oregon. The local air 


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