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[Federal Register Volume 75, Number 242 (Friday, December 17, 2010)]
[Proposed Rules]
[Pages 78949-78950]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31796]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0876; FRL-9240-4]

Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Permits for Construction and Major Modification of Major 
Stationary Sources of Air Pollution for the Prevention of Significant 
Deterioration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the West Virginia Department of Environmental 
Protection on July 20, 2009. This revision will establish nitrogen 
oxides (NOX) as a precursor to ozone, add the Federally 
equivalent provisions to the rules for the Prevention of Significant 
Deterioration (PSD) as they pertain to ``reasonable possibility'' and 
delete certain references to pollution control projects (PCPs) and 
clean units (CUs) to make the West Virginia PSD program consistent with 
the Federal PSD regulations. This action is being taken under the Clean 
Air Act (CAA).

DATES: Written comments must be received on or before January 18, 2011.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0876 by one of the following methods:
    A. http://www.regulations.gov. Follow the online instructions for 
submitting comments.
    B. E-mail: mccauley.sharon@epa.gov.
    C. Mail: EPA-R03-OAR-2009-0876, Kathleen Cox, Associate Director, 
Office of Permits & Air Toxics, Mailcode 3AP10, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed 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-
2009-0876. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at http://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 http://www.regulations.gov or e-mail. The http://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 e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail 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 
http://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 http://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: Sharon McCauley, (215) 814-3376, or by 
e-mail at mccauley.sharon@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. On July 20, 2009, the State of 
West Virginia submitted a revision to its State Implementation Plan 
(SIP) to replace the current SIP-approved version of 45CSR14, entitled, 
Permits for Construction and Major Modification of Major Stationary 
Sources of Air Pollution for the Prevention of Significant 
Deterioration.

[[Page 78950]]

I. Background

    This SIP revision proposes to replace, in its entirety, the SIP 
version of 45CSR14, as approved by EPA on December 4, 2006 (71 FR 
64470), with West Virginia's current version of this rule. West 
Virginia 45 CSR14 governs the permitting for the construction of new 
major stationary sources and the significant modification of existing 
major stationary sources of air pollutants in areas designated 
attainment or non-classifiable for the National Ambient Air Quality 
Standards (NAAQS). This regulatory revision was made effective as a 
legislative rule by the State of West Virginia on June 1, 2009.

II. Summary of SIP Revision

    West Virginia's rule 45CSR14 establishes a pre-construction permit 
program consistent with Title I of the CAA and the implementing 
regulations at 40 CFR 51.166 ``Prevention of Significant Deterioration 
of Air Quality.'' West Virginia rule 45CSR14 also ensures that the West 
Virginia SIP provides for the attainment and maintenance of the 
National Ambient Air Quality Standards (NAAQS) in accordance with 
Section 110(a)(2)(C) of the CAA which requires States to have a 
permitting program for regulation of the construction and modification 
of sources as required by Part C of Title I of the CAA to assure NAAQS 
are achieved.
    On November 29, 2005, NOX were established as precursors 
to the criteria pollutant ozone and became regulated under 40 CFR 
51.166 and 40 CFR 52.21 (70 FR 71612). The new version of 45CSR14 
establishes NOX as a precursor to ozone to satisfy these 
requirements.
    The new version of 45CSR14 also deletes references to pollution 
control projects (PCPs) and clean units (CUs) to make the West 
Virginia's regulation consistent with the Federal PSD regulations.
    The provisions of the State's rule at 45CSR14.19.8 now include the 
recordkeeping and reporting requirements for sources that elect to use 
the actual-to-projected actual emission test and where there is a 
``reasonable possibility'' that a project may result in a significant 
net emissions increase. In our previous approval of 45CSR14, dated 
December 4, 2006 (71 FR 64470), at the request of West Virginia, we 
took no action on the provisions of 45CSR14.19.8 pertaining to the 
recordkeeping and reporting requirements for sources that elect to use 
the actual-to-projected actual emission test and where there is a 
``reasonable possibility'' that a project may result in a significant 
net emissions increase. We are now proposing to approve 45CSR14.19.8 as 
a revision to the West Virginia SIP because the necessary regulatory 
corrections have been made.
    We are proposing approval of West Virginia's July 20, 2009 SIP 
revision because we believe that the amendments to West Virginia's PSD 
permit program at 45CSR14 as described herein meet the minimum 
requirements of 40 CFR 51.166 and the CAA. Aside from the changes 
described herein, no other changes to the West Virginia SIP's PSD 
program as approved by EPA on December 4, 2006 (71 FR 64470) would 
result from this revision to replace the version of 45CSR14 in the West 
Virginia SIP.

III. Proposed Action

    We are proposing to approve the West Virginia SIP's July 20, 2009 
SIP revision to replace 45CSR14 in its entirety. We are 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 to approve replacing the current 
SIP-approved version of West Virginia rule 45CSR14 in its entirety with 
an updated version to satisfy the CAA's requirements for the Prevention 
of Significant Deterioration 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, 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: December 7, 2010.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2010-31796 Filed 12-16-10; 8:45 am]
BILLING CODE 6560-50-P
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