38112 Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Proposed Rules 

Philadelphia 1-hour severe 

nonattainment areas. All remaining 

counties which are part of the OTR 

major source levels remain at 50 tpy for 

VOC. More detailed information on 

these provisions as well as a detailed 

summary of EPA’s review can be found 

in the Technical Support Document 

(TSD) for this action which is available 

on line at www.regulations.gov, Docket 

number EPA–R03–OAR–2018–0508. 

III. Proposed Action 

EPA has reviewed Maryland’s 2016 

RACT Submission and is proposing to 

approve Maryland’s SIP revision on the 

basis that Maryland has met the RACT 

requirements for the 2008 8-hour ozone 

NAAQS as set forth by sections 182(b) 

and 184(b)(2) of the CAA. Maryland’s 

SIP revision satisfies the 2008 8-hour 

ozone NAAQS RACT requirements 

through (1) certification that previously 

adopted RACT controls in Maryland’s 

SIP that were approved by EPA under 

the 1-hour ozone and 1997 8-hour ozone 

NAAQS continue to be are based on the 

currently available technically and 

economically feasible controls, and that 

they continue to represent RACT; (2) a 

negative declaration demonstrating that 

no facilities exist in the state for certain 

the applicable CTG categories; and (3) 

adoption of new or more stringent 

RACT determinations when technically 

and economically feasible. EPA finds 

that Maryland’s 2016 RACT Submission 

demonstrates that the State has adopted 

air pollution control strategies that 

represent RACT for the purposes of 

compliance with the 2008 8-hour ozone 

standard for all major stationary sources 

of VOC. EPA finds that Maryland’s SIP 

implements RACT with respect to all 

sources of VOCs covered by a CTG 

issued prior to July 20, 2014, as well as 

represents RACT for all CTG VOC major 

stationary sources. EPA is soliciting 

public comments on the issues 

discussed in this document relevant to 

RACT requirements for Maryland for the 

2008 ozone NAAQS. These comments 

will be considered before taking final 

action. 

IV. 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 source-specific RACT 

determinations under the 2008 8-hour 

ozone NAAQS for certain major sources 

of VOC emissions. 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). 

V. 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, 

Maryland’s 2008 8-hour ozone RACT 

SIP revision 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, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: July 24, 2018. 

Cecil Rodrigues, 

Acting Regional Administrator, Region III. 

[FR Doc. 2018–16603 Filed 8–2–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2016–0373; FRL–9981– 

68—Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Interstate Transport 

Requirements for the 2012 Fine 

Particulate Matter Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: 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 pertains to the 

infrastructure requirement for interstate 

transport of pollution with respect to 

the 2012 fine particulate matter (PM2.5) 

national ambient air quality standards 

(NAAQS). EPA is approving this 

revision in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before September 4, 

2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2016–0373 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 


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1 ‘‘Information on the Interstate Transport ‘‘Good 

Neighbor’’ Provision for the 2012 Fine Particulate 

Matter National Ambient Air Quality Standards 

under Clean Air Act Section 110(a)(2)(D)(i)(I),’’ 

Memorandum from Stephen D. Page, Director, EPA 

Office of Air Quality Planning and Standards 

(March 17, 2016). A copy is included in the docket 

for this rulemaking action. 

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 

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 

November 12, 2015, the State of West 

Virginia, through the West Virginia 

Department of Environmental Protection 

(WVDEP) submitted a SIP revision 

addressing all required infrastructure 

elements under section 110(a) of the 

CAA for the 2012 PM2.5 NAAQS. On 

May 12, 2017, EPA approved all 

portions of West Virginia’s November 

12, 2015 submittal except the portions 

of the submittal which address section 

110(a)(2)(D)(i)(I) (prongs 1 and 2) and 

110(a)(2)(D)(i)(II) (prong 4). See 82 FR 

22076. As explained in the final rule, 

EPA intended to take separate action on 

these portions of West Virginia’s 

submittal. At this time, EPA is only 

taking action on 110(a)(2)(D)(i)(I) 

(prongs 1 and 2) and is not taking action 

on 110(a)(2)(D)(i)(II) (prong 4); EPA is 

proposing separate action on prong 4. 

See 83 FR 27734 (June 14, 2018). 

I. Background 

A. General 

Particle pollution is a complex 

mixture of extremely small particles and 

liquid droplets in the air. When inhaled, 

these particles can reach the deepest 

regions of the lungs. Exposure to 

particle pollution is linked to a variety 

of significant health problems. Particle 

pollution also is the main cause of 

visibility impairment in the nation’s 

cities and national parks. PM2.5 can be 

emitted directly into the atmosphere, or 

it can form from chemical reactions of 

precursor gases including sulfur dioxide 

(SO2), nitrogen dioxide (NO2), certain 

volatile organic compounds (VOC), and 

ammonia. On January 15, 2013, EPA 

revised the level of the health based 

(primary) annual PM2.5 standard to 12 

micrograms per meter cubed (mg/m3). 

See 78 FR 3086. 

B. EPA’s Infrastructure Requirements 

Pursuant to section 110(a)(1) of the 

CAA, states are required to submit a SIP 

revision to address 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 to assure 

attainment and maintenance of the 

NAAQS—such as requirements for 

monitoring, basic program 

requirements, and legal authority. 

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 of each NAAQS and what 

is in each state’s existing SIP. In 

particular, the data and analytical tools 

available at the time the state develops 

and submits the SIP revision for a new 

or revised NAAQS affect the content of 

the submission. The content of such SIP 

submission may also vary depending 

upon what provisions the state’s 

existing SIP already contains. 

Specifically, section 110(a)(1) 

provides the procedural and timing 

requirements for SIP submissions. 

Section 110(a)(2) lists specific elements 

that states must meet for infrastructure 

SIP requirements related to a newly 

established or revised NAAQS such as 

requirements for monitoring, basic 

program requirements, and legal 

authority that are designed to assure 

attainment and maintenance of the 

NAAQS. 

C. Interstate Pollution Transport 

Requirements 

Section 110(a)(2)(D)(i)(I) of the CAA 

requires a state’s SIP to address any 

emissions activity in one state that 

contributes significantly to 

nonattainment, or interferes with 

maintenance, of the NAAQS in any 

downwind state. The EPA sometimes 

refers to these requirements as prong 1 

(significant contribution to 

nonattainment) and prong 2 

(interference with maintenance), or 

jointly as the ‘‘good neighbor’’ provision 

of the CAA. On March 17, 2016, EPA 

issued a memorandum providing 

information on the development and 

review of SIPs that address CAA section 

110(a)(2)(D)(i) for the 2012 PM2.5

NAAQS (2016 PM2.5 Memorandum).1

Further information can be found in the 

Technical Support Document (TSD) for 

this rulemaking action, which is 

available online at www.regulations.gov, 

Docket number EPA–R03–OAR–2017– 

0337. 

II. Summary of SIP Revision and EPA 

Analysis 

West Virginia’s November 12, 2015 

SIP submittal alleged that the current 

West Virginia SIP contains adequate 

measures to ensure that the state is not 

causing significant contribution to 

nonattainment in, nor interfering with 

the maintenance of, any other state with 

respect to the 2012 PM2.5 NAAQS. West 

Virginia refers to the measures detailed 

in the section pertaining to section 

110(a)(2)(A), which included numerous 

SIP-approved measures and other 

federally enforceable measures, 

pursuant to permitting requirements 

under the CAA, that apply to sources of 

PM2.5 and its precursors within West 

Virginia. A detailed summary of West 

Virginia’s submittal and EPA’s review 

and rationale for approval of this SIP 

revision as meeting CAA section 

110(a)(2)(D)(i)(I) for the 2012 PM2.5

NAAQS may be found in the TSD for 

this rulemaking action, which is 

available online at www.regulations.gov, 

Docket number EPA–R03–OAR–2016– 

0373. 

EPA used the information in the 2016 

PM2.5 Memorandum and additional 

information for the evaluation and came 

to the same conclusion as West Virginia. 

As discussed in greater detail in the 

TSD, EPA identified the potential 

downwind nonattainment and 

maintenance receptors identified in the 

2016 PM2.5 Memorandum, and then 

evaluated them to determine if West 

Virginia’s emissions could potentially 

contribute to nonattainment and 

maintenance problems in 2021, the 

attainment year for moderate PM2.5

nonattainment areas. Specifically, the 

analysis identified the following areas 

as potential nonattainment and 

maintenance receptors: (i) 17 potential 

receptors in California; (ii) one potential 

receptor in Shoshone County, Idaho; 

(iii) one potential receptor in Allegheny 

County, Pennsylvania; (iv) data gaps 

exist for the monitors in four counties 


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38114 Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Proposed Rules 

in Florida; and (v) data gaps exist for all 

monitors in Illinois. For the 17 receptors 

in California and one potential receptor 

in Idaho, based on EPA’s evaluation of 

distance and wind direction, EPA 

proposes to conclude that West 

Virginia’s emissions do not significantly 

impact those receptors. For the potential 

receptor in Allegheny County, EPA 

expects the air quality affecting that 

monitor to improve to the point where 

the monitor will not be a nonattainment 

or maintenance receptor by 2021 and is 

therefore unlikely to be a receptor for 

purposes of interstate transport. For the 

four counties in Florida and the 

monitors in Illinois with data gaps, EPA 

initially treats those receptors as 

potential nonattainment or maintenance 

receptors, but it is unlikely that they 

will be nonattainment or maintenance 

receptors in 2021 because the most 

recent air quality data (from 2015–2017 

for Florida and from 2015–2016 for 

Illinois) indicates that all monitors are 

likely attaining the PM2.5 NAAQS and 

are therefore unlikely to be 

nonattainment or maintenance concerns 

in 2021. Therefore, EPA proposes to 

conclude that West Virginia emissions 

will not contribute to those monitors. 

For these reasons, EPA is proposing to 

find that West Virginia’s existing SIP 

provisions as identified in the 

November 12, 2015 SIP submittal are 

adequate to prevent its emission sources 

from significantly contributing to 

nonattainment or interfering with 

maintenance in another state with 

respect to the 2012 PM2.5 NAAQS. 

III. Proposed Action 

EPA is proposing to approve the 

November 12, 2015 West Virginia SIP 

revision addressing the interstate 

transport requirements for the 2012 

PM2.5 NAAQS because the submittal 

adequately addresses section 

110(a)(2)(D)(i)(I) of the CAA. 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 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). 

The SIP, addressing West Virginia’s 

interstate transport obligations with 

respect to the 2012 PM2.5 NAAQS, is not 

approved to apply on any Indian 

reservation land as defined in 18 U.S.C. 

1151 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, Particulate matter. 

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

Dated: July 12, 2018. 

Cosmo Servidio, 

Regional Administrator, Region III. 

[FR Doc. 2018–16602 Filed 8–2–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R07–OAR–2017–0734; FRL 9981–28— 

Region 7] 

Air Plan Approval and Air Quality 

Designation; MO; Redesignation of the 

Missouri Portion of the St. Louis 

Missouri-Illinois Area to Attainment of 

the 1997 Annual Standards for Fine 

Particulate Matter and Approval of 

Associated Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On January 5, 2018, the 

Environmental Protection Agency (EPA) 

published in the Federal Register an 

advanced notice of proposed 

rulemaking (ANPR) specifically 

requesting early input and comments on 

the Agency’s interpretation that air 

quality monitoring data from 2015–2017 

support a finding that the Missouri 

Portion of the St. Louis nonattainment 

area attains the 1997 Annual National 

Ambient Air Quality Standards 

(NAAQS) for fine particulate matter 

(PM2.5). The notice also provided an 

evaluation of Missouri’s 1997 Annual 

PM2.5 NAAQS maintenance plan, which 

includes the 2008 and 2025 NOX and 

PM2.5 motor vehicle emission budgets 

(MVEBs) and established the 2008 base 

year emissions inventory. EPA received 

no comments on the ANPR. EPA is now 

taking direct final action on three items, 

consistent with the ANPR. First, EPA is 

approving the state’s request to 

redesignate the Missouri portion of the 

St. Louis MO-IL nonattainment area to 

attainment for the 1997 Annual PM2.5

NAAQS as the monitoring values 

demonstrate the area attains the 

standard. Second, EPA is approving the 

state implementation plan (SIP) revision 

containing a maintenance plan for the 

Missouri portion of the area including 

the motor vehicle emissions budget. 

Third, EPA is approving Missouri’s 

2008 base year emissions inventory in 

accordance with section 172(c)(3) of the 

CAA. In the ‘‘Rules and Regulations’’ 

section of this Federal Register, we are 

approving the state’s SIP revisions as a 

direct final rule without a prior 

proposed rule. If we receive no adverse 


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