Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Rules and Regulations 7463 

40 CFR citation OMB Control 

No. 

* * * * * 

721.10673 ............................. 2070–0012 

721.10674 ............................. 2070–0012 

721.10675 ............................. 2070–0012 

* * * * * 

* * * * * 

PART 721—[AMENDED] 

■ 3. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

■ 4. Add § 721.10673 to subpart E to 

read as follows: 

§ 721.10673 Alkanes, C21–34–branched 

and linear, chloro. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

alkanes, C21–34–branched and linear, 

chloro (PMN P–12–539; CAS No. 

1417900–96–9) is subject to reporting 

under this section for the significant 

new uses described in paragraph (a)(2) 

of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80 (j)(manufacture of 

the PMN substance with less than 1 

weight percent of chlorinated paraffins 

with an alkyl chain ≤ 20) and (p) 

(1,200,000 kg, 14,100,000 kg, 59,100,000 

kg, 78,400,000 kg, and 86,100,000 kg of 

the aggregate of the PMN substances P– 

12–539, P–13–107, and P–13–109, from 

the March 19, 2013 effective date of the 

TSCA section 5(e) consent order for P– 

12–539, P–13–107, and P–13–109).). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in § 721.125 

(a), (b), (c), and (i) are applicable to 

manufacturers and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 5. Add § 721.10674 to subpart E to 

read as follows: 

§ 721.10674 Alkanes, C22–30–branched 

and linear, chloro. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

alkanes, C22–30–branched and linear, 

chloro (PMN P–13–107; CAS No. 

1401947–24–0) is subject to reporting 

under this section for the significant 

new uses described in paragraph (a)(2) 

of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80 (j)(manufacture of 

the PMN substance with less than 1 

weight percent of chlorinated paraffins 

with an alkyl chain ≤ 20) and (p) 

(1,200,000 kg, 14,100,000 kg, 59,100,000 

kg, 78,400,000 kg, and 86,100,000 kg of 

the aggregate of the PMN substances P– 

12–539, P–13–107, and P–13–109, from 

the March 19, 2013 effective date of the 

TSCA section 5(e) consent order for P– 

12–539, P–13–107, and P–13–109). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in § 721.125 

(a), (b), (c), and (i) are applicable to 

manufacturers and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 6. Add § 721.10675 to subpart E to 

read as follows: 

§ 721.10675 Alkanes, C24–28, chloro. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

alkanes, C24–28, chloro (PMN P–13– 

109; CAS No. 1402738–52–6) is subject 

to reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80 (j) (manufacture of 

the PMN substance with less than 1 

weight percent of chlorinated paraffins 

with an alkyl chain ≤ 20) and (p) 

(1,200,000 kg, 14,100,000 kg, 59,100,000 

kg, 78,400,000 kg, and 86,100,000 kg of 

the aggregate of the PMN substances P– 

12–539, P–13–107, and P–13–109, from 

the March 19, 2013 effective date of the 

TSCA section 5(e) consent order for P– 

12–539, P–13–107, and P–13–109). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in § 721.125 

(a), (b), (c), and (i) are applicable to 

manufacturers and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

[FR Doc. 2016–02952 Filed 2–11–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 70 

[EPA–R03–OAR–2015–0594; FRL–9942–12– 

Region 3] 

Clean Air Act Title V Operating Permit 

Program Revision; West Virginia 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Title V Operating Permits Program 

(found in West Virginia’s regulations at 

45CSR30) submitted by the State of 

West Virginia. The revision increases 

West Virginia’s annual emission fees for 

its Title V Operating Permit Program to 

$28 per ton of emissions of a regulated 

pollutant from an individual source 

subject to the West Virginia Title V 

Operating Permit Program. EPA is 

approving the revision to West 

Virginia’s Title V Operating Permit 

Program in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This final rule is effective on 

March 14, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2015–0594. 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 through www.regulations.gov 

or may be viewed 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. 


srobinson on DSK5SPTVN1PROD with RULES
7464 Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Rules and Regulations 

1On July 1, 1995, the $18 per ton fee replaced 

West Virginia’s Title V operating permit ‘‘transition 

fee’’ of $15 per ton emitted from a source which had 

previously been in effect for the Title V Operating 

Permit Program. 

2 In fact, the additional three dollars per ton of 

regulated pollutant emitted by sources provides 

additional funds to support the implementation of 

West Virginia’s permit program for Title V of the 

CAA in accordance with requirements in the CAA 

and in 40 CFR 70.9. 

3The WVDEP also corrected background 

information presented in the NPR about historical 

Title V Operating Permit Program fees in West 

Virginia. Specifically, WVDEP noted that the $18- 

per-ton fee was not the ‘‘initial’’ fee established in 

1994. The program initially had a $15-per-ton 

transition fee, which was replaced effective July 1, 

1995 by the $18-per-ton fee that has been effective 

until recently. The EPA thanks WVDEP for this 

clarification, which did not affect our analysis or 

proposed conclusion that the permit fee revision 

met CAA requirements for the Title V permit 

programs. 

FOR FURTHER INFORMATION CONTACT: Paul 

Wentworth, (215) 814–2183, or by email 

at wentworth.paul@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 5, 2015 (80 FR 60110), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of West 

Virginia. In the NPR, EPA proposed 

approval of a revision to the West 

Virginia Title V Operating Permit 

Program. The formal program revision 

was submitted by the State of West 

Virginia on June 17, 2015. 

II. Summary of Title V Operating 

Permit Program Revision 

In the June 17, 2015 program revision 

submittal, West Virginia included 

revisions to 45CSR30.8 to increase West 

Virginia’s annual emission fees for its 

Title V Operating Permit Program. West 

Virginia increased the annual fees to 

$28 per ton of emissions of a regulated 

pollutant from an individual source 

subject to the West Virginia Title V 

Operating Permit Program. The previous 

rate in 45CSR30.8 was $18 per ton of 

regulated pollutant. This revised fee per 

ton became effective on May 1, 2015 

and replaced the prior fee, $18 per ton, 

which was effective July 1, 1995 

through April 30, 2015.1 As discussed 

in the NPR, without this fee increase, 

West Virginia anticipated that funds 

would not be sufficient to sustain its 

Title V Operating Permit Program in a 

manner consistent with state and federal 

requirements. In the NPR, the EPA 

proposed to approve the revision 

increasing annual Title V fees that the 

owners or operators of Title V facilities 

in West Virginia must pay pursuant to 

45CSR30.8. The EPA explained that the 

revision met requirements in section 

502 of the CAA and 40 CFR 70.9 for the 

collection of sufficient Title V fees to 

cover permit program implementation 

and oversight costs. The emission fees 

apply to emissions up to 4,000 tons of 

any regulated pollutant. However, the 

EPA’s NPR inadvertently misstated that 

the revision to 45CSR30.8 would 

increase fees to $25 per ton of regulated 

pollutant, rather than the correct figure 

of $28 per ton of regulated pollutant. 

This error in the NPR by the EPA was 

inadvertent and does not affect the 

rationale for the EPA’s proposed 

approval of the Title V permit fee 

increase as the EPA’s evaluation for the 

NPR was based on 45CSR30.8 which 

provided for the increase to $28 per ton 

of regulated pollutant emitted.2

Other specific requirements of the 

program revision and the rationale for 

the EPA’s proposed action are explained 

in the NPR and will not be restated here. 

III. Comments and EPA’s Responses 

Comment: The EPA received one 

comment during the public comment 

period on the proposed approval of the 

revision to West Virginia’s Title V 

Operating Permit Program. The 

comment was submitted on behalf of the 

West Virginia Department of 

Environmental Protection (WVDEP). In 

the comment letter, the WVDEP noted 

that the new fee provisions contained in 

the revision to 45CSR30 as part of 

WVDEP’s June 17, 2015 submission to 

EPA was $28 per ton of regulated 

pollutants as emitted by individual 

sources subject to the West Virginia 

Title V Operating Permit Program. The 

WVDEP noted that the EPA’s NPR 

incorrectly stated the new fee per ton of 

regulated pollutant emitted was $25 

instead of $28 per ton emitted.3

Response: The EPA appreciates 

WVDEP’s comment and acknowledges it 

inadvertently stated in the NPR that the 

annual fee per ton of regulated pollutant 

emitted for an individual source subject 

to the West Virginia Title V Operating 

Permit Program was increased to $25 

per ton of regulated pollutant emitted. 

WVDEP correctly noted in its comments 

that 45CSR30.8 increased the fee for 

emissions to $28 per ton of regulated 

pollutant emitted from a Title V source. 

This increase from $18 per ton to $28 

per ton of regulated pollutant emitted 

was effective on May 1, 2015. WVDEP’s 

June 17, 2015 submittal of the revised 

45CSR30.8 to the EPA correctly 

indicated the new fee per ton of 

regulated pollutant emitted was $28. 

EPA evaluated the Title V program 

revision after reviewing 45CSR30.8 and 

evaluating the permit fee increase at $28 

per ton emitted. The EPA’s error in the 

NPR in incorrectly referring to new fees 

of $25 per ton emitted was inadvertent 

and did not affect our analysis or 

proposed conclusion that the permit fee 

revision met requirements in the CAA 

for Title V permit programs. 

The WVDEP comment letter corrects 

the EPA’s error and clarifies that the 

correct fee per ton of regulated pollutant 

emitted by a Title V permitted source is 

$28 per ton. As noted previously, the 

revision to 45CSR30.8 increasing the 

permit fee from $18 per ton to $28 per 

ton of regulated pollutant emitted meets 

requirements in section 502 of the CAA 

and 40 CFR 70.9 for the collection of 

sufficient Title V fees to cover permit 

program implementation and oversight 

costs. The EPA’s determination that 

West Virginia’s Title V Operating Permit 

Program continues to meet obligations 

to collect sufficient fees to implement 

its Title V program is not altered by our 

inadvertent reference to $25 per ton of 

regulated pollutant emitted instead of 

$28 per ton emitted as our analysis was 

based on the revised 45CSR30.8 which 

listed the correct fee as $28 per ton. 

The EPA also finds no further 

comment period is needed to address 

the inadvertent reference to the per ton 

fee increase. The EPA’s finding that the 

revised fees in 45CSR30.8 meet 

requirements in section 502 of the CAA 

and 40 CFR 70.9 was explained in the 

NPR, and the specific finding that the 

$28 per ton meets requirements for Title 

V permit fees to fund a Title V program 

is a logical outgrowth of the proposed 

rule. No additional notice or 

opportunity to comment is necessary 

where, as here, the final rule is ‘‘in 

character with the original scheme,’’ 

and does not ‘‘substantially depart [] 

from the terms or substance’’ of the 

proposal. Chocolate Mfrs. Ass’n v. 

Block, 755 F.2d 1098 (4th Cir. 1985). 

‘‘[A] final rule will be deemed to be the 

logical outgrowth of a proposed rule if 

a new round of notice and comment 

would not provide commentators with 

their first occasion to offer new and 

different criticisms which the agency 

might find convincing.’’ Fertilizer Inst. 

v. EPA, 935 F.2d 1303, 1311 (D.C. Cir. 

1991) (citation and internal quotation 

marks omitted). 

Notwithstanding the NPR’s erroneous 

description of the revised fee being $25 

per ton of regulated pollutant, the EPA’s 

determination about the sufficiency of 

this fee was in fact based on our 

evaluation of the slightly larger $28-perton fee. The NPR also cited the correct 

provision of West Virginia law, which 

also would have confirmed to potential 

commenters that the state’s proposed fee 

increase was to $28 per ton. The docket 

similarly included information 

clarifying that the proposed revision 


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Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Rules and Regulations 7465 

4To take just one example, the docket included 

a copy of the rule clearly showing that the revision 

was to $28 per ton. See EPA–R03–OAR–2015– 

0594–0006 at 53 (showing relevant changes to West 

Virginia’s rule). 

would increase certain fees to $28 per 

ton of regulated pollutants.4

Accordingly, a supplemental notice 

clarifying the per-ton fee would not 

provide any commentators with a first 

occasion to offer any new or different 

criticisms of WVDEP’s Title V permit 

fees. Nor would any such criticism 

convince EPA to alter our conclusion. 

As stated in the NPR, WVDEP found its 

permit fee of $18 per ton was 

insufficient to allow adequate 

implementation of its Title V Operating 

Permit Program. After internal analysis, 

WVDEP concluded it needed the 

additional revenue from permit fees at 

$28 per ton emitted to fund sufficiently 

its Title V Operating Permit Program, 

and EPA concurs with that conclusion. 

Further opportunity for comment would 

not provide any opportunity for 

criticism of West Virginia’s new permit 

fee which the EPA would find 

convincing. Thus, our approval of West 

Virginia’s Title V Operating Permits 

Program including the revision to 

45CSR30.8 is final as a ‘‘logical 

outgrowth’’ of the proposed approval 

announced in the NPR. 

IV. Final Action 

EPA is approving the June 17, 2015 

Title V Operating Permit Program 

revision submitted by the State of West 

Virginia to increase Title V permit fees 

paid by owners or operators of Title V 

sources in West Virginia from $18 per 

ton of regulated pollutant emitted to $28 

per ton of regulated pollutant emitted. 

The revision meets requirements in 

section 503 of the CAA and of 40 CFR 

70.9. 

V. Statutory and Executive Order 

Reviews 

A. General Requirements 

This action merely approves state law 

as meeting Federal requirements and 

imposes no 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 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 related to West 

Virginia’s Title V fees does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the program 

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 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 April 12, 2016. 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 which 

approves the June 17, 2015 program 

revision submittal by the State of West 

Virginia as a revision to the West 

Virginia Title V Operating Permits 

Program may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2).) 

List of Subjects in 40 CFR Part 70 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: January 28, 2016. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

PART 70—STATE OPERATING PERMIT 

PROGRAMS 

■ 1. The authority citation for part 70 

continues to read as follows: 

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

■ 2. Appendix A to part 70 is amended 

by adding paragraph (g) to the entry for 

West Virginia to read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permit Programs 

* * * * * 

West Virginia 

* * * * * 

(g) The West Virginia Department of 

Environmental Protection submitted a 

program revision on June 17, 2015; approval 

effective on May 1, 2015. 

* * * * * 

[FR Doc. 2016–02831 Filed 2–11–16; 8:45 am] 

BILLING CODE 6560–50–P 


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