29972 Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations 

1The EPA, however, is acting on all four SIP 

submittals in this notice because each submittal 

contains necessary procedural information related 

to West Virginia’s revisions to its nonattainment 

NSR regulations and development of its SIP 

submittals, which are required for SIP revisions by 

40 CFR parts 51 and 52. 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: May 13, 2015. 

William C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart V—Maryland 

■ 2. In § 52.1082, paragraph (h) is added 

to read as follows: 

§ 52.1082 Determinations of attainment. 

* * * * * 

(h) EPA has determined, as of May 26, 

2015, that based on 2012 to 2014 

ambient air quality data, the Baltimore 

nonattainment area has attained the 

1997 8-hour ozone NAAQS. This 

determination, in accordance with 40 

CFR 51.1118, suspends the requirement 

for this area to submit an attainment 

demonstration, associated reasonably 

available control measures, a reasonable 

further progress plan, contingency 

measures, and other planning SIPs 

related to attainment of the standard for 

as long as this area continues to meet 

the 1997 8-hour ozone NAAQS. 

[FR Doc. 2015–12488 Filed 5–22–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0792; FRL–9928–02– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Permits for Construction and 

Major Modification of Major Stationary 

Sources Which Cause or Contribute to 

Nonattainment Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

four State Implementation Plan (SIP) 

revisions submitted by the West 

Virginia Department of Environmental 

Protection for the State of West Virginia 

on June 29, 2010, July 8, 2011, July 6, 

2012, and July 1, 2014 with the 

exception of certain revisions related to 

ethanol production facilities on which 

the EPA is taking no action at this time. 

These revisions pertain to West 

Virginia’s nonattainment New Source 

Review (NSR) program, notably 

provisions for preconstruction 

permitting requirements for major 

sources of fine particulate matter (PM2.5) 

and NSR reform. This action is being 

taken under the Clean Air Act (CAA). 

DATES: This final rule is effective on 

June 25, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2014–0792. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy for 

public inspection 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: Mr. 

Mike Gordon, (215) 814–2039, or by 

email at gordon.mike@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 5, 2015 (80 FR 6491), the 

EPA published a notice of proposed 

rulemaking (NPR) for the State of West 

Virginia. In the NPR, the EPA proposed 

approval of revisions to West Virginia’s 

nonattainment NSR program, notably 

provisions for preconstruction 

permitting requirements for major 

sources of PM2.5 and for NSR reform, 

with the exception of certain revisions 

related to ethanol production facilities 

on which the EPA proposed taking no 

action. The formal SIP revisions were 

submitted by West Virginia on June 29, 

2010, July 8, 2011, July 6, 2012, and July 

1, 2014. 

While each of the SIP revisions was 

submitted individually, the EPA is 

finalizing approval of these submittals 

as a whole. As described in the 

proposal, there are some instances 

where specific language was added in a 

West Virginia regulation included in 

one of the earlier SIP submittals but the 

language was subsequently removed 

from that same regulation included in a 

later SIP submittal such that the EPA 

therefore only assessed the 

approvability of that portion of the 

regulation included in the later SIP 

submittal. It should be noted that the 

most recent version of West Virginia’s 

nonattainment NSR regulations is the 

version included for SIP approval in the 

2014 submittal, and this submittal 

reflects the sum of the changes made 

from the 2010, 2011, and 2012 

submittals as well.1

In this final action, the EPA is 

revising 40 CFR part 52, subpart XX to 

reflect approval of revisions to West 

Virginia’s nonattainment NSR program 

in Series 19 under Title 45 of West 

Virginia Code of State Rules (45CSR19), 

with the exception of certain provisions 

related to ethanol production facilities 

on which the EPA proposed taking no 

action. A full description of the 

revisions submitted by West Virginia is 

available in the proposed approval and 

in the docket for this rulemaking action. 

No comments were received during the 

public comment period for the proposed 

rule. 

II. Summary of SIP Revision 

The revisions submitted by WVDEP 

which the EPA is approving in this 

action involve amendments to 45CSR19 

(Permits for Construction and Major 

Modification of Major Stationary 

Sources Which Cause or Contribute to 

Nonattainment Areas) as a result of 

Federal regulatory actions discussed in 

the proposal for this final rule. A 

summary of the changes made in the 

2010, 2011, 2012, and 2014 submittals 

are available in the docket under 

‘‘Summary of West Virginia NSR 

Changes.’’ 

As discussed in the proposal to this 

final rule, West Virginia’s SIP revisions 

include provisions that exclude 

facilities that produce ethanol through a 

natural fermentation process from the 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations 29973 

definition of ‘‘chemical process plants’’ 

in the major NSR source permitting 

program as amended in the 2007 

Ethanol Rule. The 2010 submittal added 

provisions at 45CSR19–2.35.e.20 and 

3.7.a.20 that remove certain ethanol 

production facilities from the definition 

of ‘‘chemical process plants.’’ These 

provisions are also included in the 

subsequent 2011, 2012, and 2014 

submittals. In this final rulemaking, the 

EPA is taking no action on the 

submitted regulation revisions at 

45CSR19–2.35.e.20 and 3.7.a.20 that 

address the 2007 Ethanol Rule. 

III. Final Action 

The EPA’s review of this material 

indicates that the 2010, 2011, 2012 and 

2014 SIP submittals collectively meet 

the federal counterpart requirements in 

40 CFR parts 51 and 52 for a 

nonattainment NSR permitting program. 

For the reasons stated previously, the 

EPA is approving these WV SIP 

submissions with the exception of the 

revisions to 45CSR19–2.35.e.20 and 

3.7.a.20. The EPA is taking no action on 

the 45CSR19 regulations relating to the 

definition of ‘‘chemical process plants’’ 

which are at 45CSR19–2.35.e.20 and 

3.7.a.20. 

IV. Incorporation by Reference 

In this rulemaking action, the EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of 45CSR19, 

with the exception of certain provisions 

related to ethanol production facilities 

on which the EPA proposed taking no 

action. The EPA has made, and will 

continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

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

Thus, in reviewing SIP submissions, the 

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 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 the 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 the 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. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by July 27, 2015. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this action for the purposes of 

judicial review nor does it extend the 

time within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action approving 

revisions to West Virginia’s 

nonattainment NSR program may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: May 7, 2015. 

William C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart XX—West Virginia 

■ 2. In § 52.2520, the table in paragraph 

(c) is amended by revising the table 

heading and the entries for [45 CSR] 

Series 19, to read as follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(c) * * * 


wreier-aviles on DSK5TPTVN1PROD with RULES
29974 Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations 

EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP

State citation [Chapter 16–20 or 

45 CSR ] Title/Subject State effective date EPA Approval date Additional explanation/citation at 40 CFR 52.2565 

*******

[45 CSR] Series 19 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution Which Cause or 

Contribute to Nonattainment 

Section 45–19–1 .......................... General ........................................ 6/1/2013 5/26/2015 Insert Federal Registercitation].

Section 45–19–2 ..........................

(Except: 45CSR19–2.35.e.20) .....

Definitions .................................... 6/1/2013 5/26/2015 [Insert Federal Register citation].EPA is taking no action on 

revisions related to remove certain ethanol 

production facilities from 

the definition of ‘‘chemical process plants.’’ 

Section 45–19–3 ..........................

(Except: 45CSR19–3.7.a.20) .......

Applicability .................................. 6/1/2013 5/26/2015 [Insert Federal Register citation].EPA is taking no action on 

revisions related to remove certain ethanol 

production facilities from 

the definition of ‘‘chemical process plants.’’ 

Section 45–19–4 .......................... Conditions for a Permit Approval 

for Proposed Major Sources 

that would Contribute to a Violation of NAAQS.

6/1/2013 5/26/2015 [Insert Federal Register citation].

Section 45–19–5 .......................... Conditions for Permit Approval 

for Sources Locating in Attainment of Unclassifiable Areas 

That Would Cause a New Violation of a NAAQS.

6/1/2013 5/26/2015 [Insert Federal Register citation].

Section 45–19–6 .......................... [Reserved] ................................... 6/1/2013 5/26/2015 [Insert Federal Register citation].

Section 45–19–7 .......................... Baseline for Determining Credit 

for Emission Offsets.

6/1/2013 5/26/2015 [Insert Federal Register citation].

Section 45–19–8 .......................... Location of Emissions Offsets ..... 6/1/2013 5/26/2015 [Insert Federal Register citation].

Section 45–19–9 .......................... Administrative Procedures for 

Emission Offset Proposals.

6/1/2013 5/26/2015 [Insert Federal Register citation].

Section 45–19–10 ........................ [Reserved] ................................... 6/1/2013 5/26/2015 [Insert Federal Register citation].

Section 45–19–11 ........................ [Reserved] ................................... 6/1/2013 5/26/2015 [Insert Federal Register citation].

Section 45–19–12 ........................ Reasonable Further Progress ..... 6/1/2013 5/26/2015 [Insert Federal Register citation].

Section 45–19–13 ........................ Source Impact Analysis ............... 6/1/2013 5/26/2015 [Insert Federal Register citation].

Section 45–19–14 ........................ Permit Requirements for Major 

Stationary Sources and Major 

Modifications.

6/1/2013 5/26/2015 [Insert Federal Register citation].

Section 45–19–15 ........................ Public Review Procedures .......... 6/1/2013 5/26/2015 [Insert Federal Register citation].

Section 45–19–16 ........................ Public Meetings ........................... 6/1/2013 5/26/2015 [Insert Federal Register citation].

Section 45–19–17 ........................ Permit Transfer, Cancellation and 

Responsibility.

6/1/2013 5/26/2015 [Insert Federal Register citation].

Section 45–19–18 ........................ Disposition of Permits .................. 6/1/2013 5/26/2015 [Insert Federal Register citation].

Section 45–19–19 ........................ Requirements of Air Quality Models.6/1/2013 5/26/2015 [Insert Federal Register citation].

Section 45–19–20 ........................ [Reserved] ................................... 6/1/2013 5/26/2015 [Insert Federal Register citation].

Section 45–19–21 ........................ [Reserved] ................................... 6/1/2013 5/26/2015 [Insert Federal Register citation].

Section 45–19–22 ........................ [Reserved] ................................... 6/1/2013 5/26/2015 [Insert Federal Register citation].

Section 45–19–23 ........................ Actuals PAL ................................. 6/1/2013 5/26/2015 [Insert Federal Register citation].

Section 45–19–24 ........................ Conflict with Other Permitting 

Rules.

6/1/2013 5/26/2015 [Insert Federal Register citation].

Section 45–19–25 ........................ Inconsistency Between Rules ..... 6/1/2013 5/26/2015 [Insert Federal Register citation].


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations 29975 

1 79 FR 52602 (Sept. 4, 2014). 

2 79 FR 71082 (Dec. 1, 2014). 

3 80 FR 10365 (Feb. 26, 2015). 

4A ‘‘laker’’ is a commercial cargo vessel 

especially designed for and generally limited to use 

on the Great Lakes. 

5 46 U.S.C. 9302. 

6 ‘‘On register’’ means that the vessel’s certificate 

of documentation has been endorsed with a registry 

endorsement, and therefore, may be employed in 

foreign trade or trade with Guam, American Samoa, 

Wake, Midway, or Kingman Reef. 46 U.S.C. 12105, 

46 CFR 67.17. 

7 46 U.S.C. 9302(a)(1). 

8 46 U.S.C. 9303(f). 

9 Id. 

10 Department of Homeland Security Delegation 

No. 0170.1, paragraph (92)(f). 

11 79 FR 12084 (Mar. 4, 2014). 

12The case is St. Lawrence Seaway Pilots 

Association, Inc., et al., v. United States Coast 

Guard, Civil Action No. 14–cv–392 (TSC), (D.D.C. 

March 27, 2015). 

13 5 U.S.C. 551 et seq. 

EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued 

State citation [Chapter 16–20 or 

45 CSR ] Title/Subject State effective date EPA Approval date Additional explanation/citation at 40 CFR 52.2565 

*******

* * * * * 

[FR Doc. 2015–12486 Filed 5–22–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 401 

[Docket No. USCG–2014–0481] 

RIN 1625–AC22 

Great Lakes Pilotage Rates—2015 

Annual Review and Adjustment 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule; change in effective 

date. 

SUMMARY: The Coast Guard is advancing 

the effective date for the 2015 final rule 

which published on February 26, 2015, 

adjusting rates for pilotage services on 

the Great Lakes in accordance with a 

full ratemaking procedure. The rate 

adjustments made by the February 2015 

final rule are unchanged, but instead of 

taking effect on August 1, 2015, the rates 

will take effect June 2, 2015. This 

rulemaking rule promotes the Coast 

Guard’s strategic goal of maritime safety. 

DATES: The effective date for the final 

rule published February 26, 2015 (80 FR 

10365), is changed from August 1, 2015, 

to June 2, 2015. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Todd Haviland, Director, 

Great Lakes Pilotage, Commandant (CG– 

WWM–2), Coast Guard; telephone 202– 

372–2037, email 

Todd.A.Haviland@uscg.mil, or fax 202– 

372–1914. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Abbreviations 

II. Regulatory History 

III. Background 

IV. 2014 Litigation 

V. Good Cause 

VI. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

I. Abbreviations 

CFR Code of Federal Regulations 

E.O. Executive Order 

FR Federal Register 

MISLE Marine Information for Safety and 

Law Enforcement 

NAICS North American Industry 

Classification System 

NPRM Notice of proposed rulemaking 

OMB Office of Management and Budget 

§ Section symbol 

U.S.C. United States Code 

II. Regulatory History 

On September 4, 2014, we published 

a notice of proposed rulemaking 

(NPRM) titled ‘‘Great Lakes Pilotage 

Rates—2015 Annual Review and 

Adjustment’’ in the Federal Register.1

On December 1, 2014, we published 

revenue audits of the pilot associations 

and reopened the public comment 

period in the Federal Register.2 On 

February 26, 2015, we published a final 

rule entitled ‘‘Great Lakes Pilotage 

Rates—2015 Annual Review and 

Adjustment.’’ 3

III. Background 

The vessels affected by this 

rulemaking are those engaged in foreign 

trade upon the U.S. waters of the Great 

Lakes. United States and Canadian 

‘‘lakers,’’ 4 which account for most 

commercial shipping on the Great 

Lakes, are not affected.5 For further 

background information, please see the 

February 26, 2015 final rule at 80 FR 

10365 at 10366. For further information 

summarizing the February final rule, see 

pages 10368 through 10383 of that 

document. 

The basis of this rule is the Great 

Lakes Pilotage Act of 1960 (‘‘the Act’’) 

(46 U.S.C. Chapter 93), which requires 

U.S. vessels operating ‘‘on register’’ 6

and foreign vessels to use U.S. or 

Canadian registered pilots while 

transiting the U.S. waters of the St. 

Lawrence Seaway and the Great Lakes 

system.7 The Act requires the Secretary 

to ‘‘prescribe by regulation rates and 

charges for pilotage services, giving 

consideration to the public interest and 

the costs of providing the services.’’ 8

Rates must be established or reviewed 

and adjusted each year, not later than 

March 1. Base rates must be established 

by a full ratemaking at least once every 

5 years, and in years when base rates are 

not established, they must be reviewed 

and, if necessary, adjusted.9 The 

Secretary’s duties and authority under 

the Act have been delegated to the Coast 

Guard.10 Coast Guard regulations 

implementing the Act appear in parts 

401 through 404 of Title 46, Code of 

Federal Regulations (CFR). Procedures 

for use in establishing base rates appear 

in 46 CFR part 404, appendix A, and 

procedures for annual review and 

adjustment of existing base rates appear 

in 46 CFR part 404, appendix C. 

This final rule advances the effective 

date of the 2015 final rule published on 

February 26, 2015, which established 

new base pilotage rates, using the 

methodology found in 46 CFR part 404, 

appendix A. 

IV. 2014 Litigation 

The Coast Guard published its ‘‘Great 

Lakes Pilotage Rates—2014 Annual 

Review and Adjustment’’ final rule on 

March 4, 2014. Rates set in that rule 

took effect on August 1, 2014, and have 

remained in effect since then.11 Shortly 

after publication, the three Great Lakes 

pilot associations filed suit 12 under the 

Administrative Procedure Act (APA),13

challenging the manner in which the 

Coast Guard applied American Maritime 

Officers Union wage and benefit data. 

Under the Coast Guard ratemaking 

methodology, that data significantly 

affects rate adjustments. On March 27, 

2015, the court issued a memorandum 

opinion holding that the Coast Guard 


wreier-aviles on DSK5TPTVN1PROD with RULES