45302 Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules 

Committee, each of whom are also 

shareholders, will adequately represent 

the interest of all shareholders. It is 

relevant to note that all of the 

individuals who are not appointed to 

the Committee will have an opportunity 

to participate in the negotiated 

rulemaking by attending Committee 

meetings, submitting information and 

speaking at Committee meetings during 

the public comment sessions. Some of 

the comments nominating the various 

individuals also raised issues with the 

Osage Constitution and role of the BIA 

in managing the Osage Mineral Estate. 

These issues are not relevant to the 

nomination and appointment of 

members to the Committee. In any 

event, the Osage Nation operates 

pursuant to a duly enacted Constitution 

dated March 11, 1996. Additionally, the 

goal of the negotiated rulemaking is to 

provide recommendations to improve 

BIA’s management and administration 

of the Osage Mineral Estate. 

Certification and Establishment of 

Committee: Therefore, in accordance 

with the provisions of the Federal 

Advisory Committee Act (FACA), as 

amended (5 USC Appendix 2), and with 

the concurrence of the General Services 

Administration, the Department of the 

Interior is announcing the establishment 

of the Osage Negotiated Rulemaking 

Committee. The Committee will report 

to the Secretary of the Interior through 

the Designated Federal Officer. The 

Bureau of Indian Affairs will provide 

administrative and logistical support to 

the Committee. The members are those 

individuals identified in the Notice of 

Intent published on June 18, 2012. 

Public Meeting Information 

Meeting Agenda: At the first meeting, 

the Commission will be receiving 

informational briefings, discussing its 

goals and procedures, developing a 

meeting schedule and work plan, and 

reviewing the existing regulations and 

topics required to be included in the 

negotiated rulemaking pursuant to the 

Settlement Agreement. The public will 

be able to make comments on Tuesday, 

August 21 from 3:00 p.m. to 4:30 p.m.; 

and Wednesday, August 22, 2012, from 

1:00 p.m. to 2:30 p.m. The final agenda 

will be posted on www.bia.gov/ 

osageregneg prior to the meeting. 

Public Input: Interested members of 

the public may present, either orally or 

through written comments, information 

for the Committee to consider during 

the public meeting. Speakers who wish 

to expand their oral statements, or those 

who had wished to speak, but could not 

be accommodated during the public 

comment period, are encouraged to 

submit their comments in written form 

to the Committee after the meeting. 

Individuals or groups requesting to 

make comments at the public 

Committee meeting will be limited to 5 

minutes per speaker. Interested parties 

should contact Mr. Robert Impson, 

Designated Federal Officer, in writing 

(preferably via email), by August 17, 

2012 (See FOR FURTHER INFORMATION

CONTACT), to be placed on the public 

speaker list for this meeting. 

In order to attend this meeting, you 

must register by close of business 

August 17, 2012. The meeting location 

is open to the public, and current, 

government-issued, photo ID is required 

to enter. Space is limited, so all 

interested in attending should preregister. Please submit your name, time 

of arrival, email address and phone 

number to Mr. Robert Impson via email 

at robert.impson@bia.gov or by phone at 

(918) 781–4600. 

Certification Statement: I hereby 

certify that the establishment of the 

Osage Negotiated Rulemaking 

Committee is necessary, is in the public 

interest and is established under the 

authority of the Secretary of the Interior. 

Dated: July 26, 2012. 

Ken Salazar, 

Secretary, Department of the Interior. 

[FR Doc. 2012–18674 Filed 7–30–12; 8:45 am] 

BILLING CODE 4310–02–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0388; FRL–9705–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Prevention of Significant 

Deterioration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the West Virginia State 

Implementation Plan (SIP), submitted 

by the West Virginia Department of 

Environmental Protection (WVDEP) on 

August 31, 2011. These revisions 

pertaining to West Virginia’s Prevention 

of Significant Deterioration (PSD) 

program incorporate preconstruction 

permitting regulations for fine 

particulate matter (PM2.5) and 

Greenhouse Gases (GHGs) into the West 

Virginia SIP. In addition, EPA is 

proposing to approve these revisions 

and portions of other related 

submissions for the purpose of 

determining that West Virginia has met 

its statutory obligations with respect to 

the infrastructure requirements of the 

Clean Air Act (CAA) which relate to 

West Virginia’s PSD permitting program 

and are necessary to implement, 

maintain, and enforce the 1997 PM2.5

and ozone National Ambient Air 

Quality Standards (NAAQS), the 2006 

PM2.5 NAAQS, and the 2008 lead and 

ozone NAAQS. EPA is proposing to 

approve these revisions in accordance 

with the requirements of the CAA. 

DATES: Written comments must be 

received on or before August 30, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0388 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: cox.kathleen@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0388, 

Kathleen Cox, Associate Director, Office 

of Permits and Air Toxics, Mailcode 

3AP10, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted 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–2012– 

0388. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

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 www.regulations.gov 

or email. The 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 email 

comment directly to EPA without going 

through www.regulations.gov, your 

email 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 


emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules 45303 

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 

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 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: 

Mike Gordon, (215) 814–2039, or by 

email at gordon.mike@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. On August 31, 2011, WVDEP 

submitted a formal revision to its SIP 

(the August 2011 SIP submission). The 

SIP revision consists of amendments to 

the PSD permitting regulations under 

West Virginia State Rule 45CSR14. This 

action will replace the current SIPapproved version of 45CSR14, Permits 

for Construction and Major Modification 

of Major Stationary Sources of Air 

Pollution for the Prevention of 

Significant Deterioration, which was 

previously approved by EPA on May 27, 

2011 (76 FR 30832). 

The SIP revision submitted by West 

Virginia generally pertains to two 

Federal rulemaking actions. The first is 

the ‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter less than 2.5 Micrometers 

(PM2.5)’’ (NSR PM2.5 Rule), which was 

promulgated on May 16, 2008 (73 FR 

28321). The second is the ‘‘Prevention 

of Significant Deterioration and Title V 

Greenhouse Gas Tailoring Rule’’ 

(Tailoring Rule), which was 

promulgated on June 3, 2010 (75 FR 

31514). 

Whenever a new or revised NAAQS is 

promulgated, section 110(a) of the CAA 

imposes obligations upon states to 

submit SIP revisions that provide for the 

implementation, maintenance, and 

enforcement of the new or revised 

NAAQS within three years following 

the promulgation of such NAAQS—the 

‘‘infrastructure SIP’’ revisions. Although 

states typically have met many of the 

basic program elements required in 

section 110(a)(2) through earlier SIP 

submissions in connection with 

previous particulate matter (PM) 

standards, states (including all the EPA 

Region III states) were still required to 

submit SIP revisions that address 

section 110(a)(2) for the 1997 and 2006 

PM2.5 NAAQS. In addition to the August 

2011 SIP submission, West Virginia has 

previously submitted SIP revisions 

addressing requirements set forth in 

CAA section 110(a)(2) for the 1997 and 

2006 PM2.5 NAAQS, as well as the 1997 

ozone NAAQS and 2008 ozone and lead 

NAAQS. Because these SIP submissions 

addressed West Virginia’s compliance 

with CAA section 110(a)(2), these SIP 

submissions are referred to as 

infrastructure SIP submissions. These 

previous submittals, as well as a 

technical support document (TSD), are 

included in the docket for today’s 

action. The TSD contains a detailed 

discussion of these submittals and their 

relationship to the requirements of CAA 

section 110(a)(2). 

A. Fine Particulate Matter and the 

NAAQS 

On July 18, 1997, EPA revised the 

NAAQS for PM to add new standards 

for fine particles, using PM2.5 as the 

indicator. Previously, EPA used PM10

(inhalable particles smaller than or 

equal to 10 micrometers in diameter) as 

the indicator for the PM NAAQS. EPA 

established health-based (primary) 

annual and 24-hour standards for PM2.5, 

setting an annual standard at a level of 

15 micrograms per cubic meter (mg/m3) 

and a 24-hour standard at a level of 65 

mg/m3 (62 FR 38652). At the time the 

1997 primary standards were 

established, EPA also established 

welfare-based (secondary) standards 

identical to the primary standards. The 

secondary standards are designed to 

protect against major environmental 

effects of PM2.5, such as visibility 

impairment, soiling, and materials 

damage. On October 17, 2006, EPA 

revised the primary and secondary 

NAAQS for PM2.5. In that rulemaking 

action, EPA reduced the 24-hour 

NAAQS for PM2.5 to 35 mg/m3 and 

retained the existing annual PM2.5

NAAQS of 15 mg/m3 (71 FR 61236). 

B. Implementation of NSR Requirements 

for PM2.5—the NSR PM2.5 Rule 

On May 16, 2008, EPA promulgated a 

rule (the NSR PM2.5 Rule) to implement 

the 1997 PM2.5 NAAQS, including 

changes to the NSR program (73 FR 

28321). The 2008 NSR PM2.5 Rule 

revised the NSR program requirements 

to establish the framework for 

implementing preconstruction permit 

review for the PM2.5 NAAQS in both 

attainment and nonattainment areas. 

The 2008 NSR PM2.5 Rule also 

established the following NSR 

requirements to implement the PM2.5

NAAQS: (1) Require NSR permits to 

address directly emitted PM2.5 and 

precursor pollutants; (2) establish 

significant emission rates for direct 

PM2.5 and precursor pollutants 

(including sulfur dioxide (SO2) and 

oxides of nitrogen (NOX); (3) establish 

PM2.5 emission offsets; and (4) require 

states to account for gases that condense 

to form particles (condensables) in PM2.5

emission limits. 

C. GHG Requirements 

On June 3, 2010 (effective August 2, 

2010), EPA promulgated a final 

rulemaking action, known as the 

Tailoring Rule, which established GHG 

emission thresholds for determining the 

applicability of PSD requirements to 

GHG-emitting sources. In a letter dated 

July 30, 2010 (the 60-day letter), West 

Virginia stated that it could interpret the 

current version of 45CSR14 to apply the 

meaning of the term ‘‘subject to 

regulation’’ established by EPA in the 

Tailoring Rule in implementing the PSD 

program, but would still pursue 

rulemaking action to be consistent with 

Federal counterpart language. West 

Virginia has chosen to adopt changes 

under West Virginia State Rule 45CSR14 

consistent with those incorporated by 

the Tailoring Rule on June 3, 2010 (75 

FR 31514). A detailed explanation of 

GHGs, climate change and the impact 

on health, society, and the environment 

is included in EPA’s technical support 

documents (TSDs) for EPA’s GHG 

endangerment finding final rule 

(Document ID No. EPA–HQ–OAR– 

2009–0472–11292 at 

www.regulations.gov), as well as the 

TSD for this current action. 

West Virginia has also included in 

this revision automatic rescission 

provisions for the regulation of GHGs in 

the event that an EPA final rule, an act 

of the United States Congress, a 

Presidential Executive Order, a final 

order of the District of Columbia Circuit 

Court of Appeals, or an order of the 

United States Supreme Court results in 

GHGs not being subject to regulation 


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45304 Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules 

under the PSD program. EPA’s analysis 

of the approvability of West Virginia’s 

automatic rescission language is 

provided in the TSD for this current 

action. 

D. Infrastructure Requirements Relating 

to West Virginia’s PSD Permit Program 

With the addition of the requirements 

for PSD described above, West 

Virginia’s program contains all of the 

emission limitations and control 

measures and other program elements 

required by 40 CFR 51.166 related to the 

PM2.5, ozone, and lead NAAQS. 

Therefore, we are proposing to approve 

the August 31, 2011 SIP submittal and 

relevant portions of West Virginia’s 

infrastructure SIP submittals for the 

purpose of determining that West 

Virginia has met its statutory obligations 

relating to its PSD permit program 

under CAA sections 110(a)(2)(C), 

(D)(i)(II), and (J) for the 2008 lead 

NAAQS and 2008 ozone NAAQS. EPA 

is also making a determination that 

West Virginia has met its obligations 

relating to the PSD permit program 

pursuant to CAA section 

110(a)(2)(D)(i)(II) for the 1997 PM2.5

NAAQS, 1997 ozone NAAQS, and 2006 

PM2.5 NAAQS . As already noted, the 

TSD for this action contains a detailed 

discussion of the relevant submissions 

and EPA’s rationale for making this 

determination. 

II. Summary of SIP Revision 

The SIP revision submitted by 

WVDEP consists of amendments to the 

PSD permitting regulations of Articles 

45CSR14. The revision fulfills the 

Federal program requirements 

established by the EPA rulemaking 

actions discussed above. The 

amendments establish the major source 

threshold and significant emission rate 

for PM2.5 pursuant to the May 2008 NSR 

PM 2.5 Rule, and establish thresholds at 

which GHGs become subject to 

regulation under the PSD program 

pursuant to the June 2010 Tailoring 

Rule. Several minor revisions were 

made as well in order to be consistent 

with Federal counterpart language. 

The version of 45CSR14 submitted by 

West Virginia for approval into the SIP 

was adopted by West Virginia on March 

18, 2011, and effective on June 16, 2011. 

They include revisions to 45CSR14— 

Permits for Construction and Major 

Modification of Major Stationary 

Sources of Air Pollution for the 

Prevention of Significant Deterioration. 

Based upon EPA’s review of the 

revisions submitted by West Virginia for 

approval into the SIP, EPA find these 

revisions to be consistent with their 

Federal counterparts. A detailed 

summary of the NSR PM2.5 rule, the 

Tailoring Rule, and a list of revisions to 

the state rule is available in the TSD. 

III. Proposed Action 

EPA’s review of the August 31, 2011 

submittal finds the regulations 

consistent with their Federal 

counterparts. Therefore, EPA is 

proposing to approve this West Virginia 

SIP revision. Additionally, in light of 

this SIP revision, EPA is proposing to 

approve the portions of West Virginia’s 

submissions dated December 3, 2007, 

December 11, 2007, April 3, 2008, 

October 1, 2009, October 26, 2011, and 

February 17, 2012 which address the 

obligations set forth at CAA sections 

110(a)(2)(C), (D)(i)(II) and (J) relating to 

the West Virginia PSD permit program. 

EPA is proposing to determine that West 

Virginia’s SIP meets the statutory 

obligations relating to its PSD permit 

program set forth at CAA sections 

110(a)(2)(C), (D)(i)(II) and (J) for the 

2008 lead NAAQS, as well as the 2008 

ozone NAAQS. Based on these and 

previous SIP submittals, EPA is also 

proposing to make a determination that 

West Virginia has met its obligations 

relating to the PSD permit program 

pursuant to CAA section 

110(a)(2)(D)(i)(II) for the 1997 PM2.5

NAAQS, 1997 ozone NAAQS, and 2006 

PM2.5 NAAQS. 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 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 

pertaining to NSR requirements for 

PM2.5 and GHGs for the West Virginia 

SIP 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, 

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: July 18, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2012–18664 Filed 7–30–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0151; FRL–9706–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

The 2002 Base Year Inventory 

AGENCY: Environmental Protection 

Agency (EPA). 


emcdonald on DSK67QTVN1PROD with PROPOSALS