Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Rules and Regulations 36483 

State citation Title/subject State effective 

date EPA approval date Additional explanation/§ 52.2063 citation 

Title 25— Environmental Protection Article III—Air Resources 

*******

Section 121.1 .......................... Definitions .............................. 6/28/2014 6/25/2015, [Insert Federal 

Register citation].

Adds and amends definitions. 

* * * * * * * 

129.51 ..................................... General .................................. 6/28/2014 6/25/2015, [Insert Federal 

Register citation].

Amends section 129.51. 

* * * * * * * 

129.67 ..................................... Graphic arts systems ............. 6/28/2014 6/25/2015, [Insert Federal 

Register citation].

Amends section 129.67. 

129.67a ................................... Control of VOC emissions 

from flexible package printing presses.

6/28/2014 6/25/2015, [Insert Federal 

Register citation].

Adds section 129.67a. 

129.67b ................................... Control of VOC emissions 

from offset lithographic 

printing presses and letterpress printing presses.

6/28/2014 6/25/2015, [Insert Federal 

Register citation].

Adds section 129.67b. 

* * * * * * * 

129.77 ..................................... Control of emissions from the 

use or application of adhesives, sealants, primers 

and solvents.

6/28/2014 6/25/2015, [Insert Federal 

Register citation].

Amends section 129.77. 

* * * * * * * 

130.703 ................................... Exemptions and exceptions ... 6/28/2014 6/25/2015, [Insert Federal 

Register citation].

Amends section 130.703. 

* * * * * * * 

* * * * * 

[FR Doc. 2015–15318 Filed 6–24–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0028; FRL–9929–34– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Permits for Construction and 

Major Modification of Major Stationary 

Sources for the Prevention of 

Significant Deterioration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is conditionally 

approving two State Implementation 

Plan (SIP) revisions submitted by the 

West Virginia Department of 

Environmental Protection (WVDEP) for 

the State of West Virginia on July 1, 

2014 and June 6, 2012. These revisions 

pertain to West Virginia’s Prevention of 

Significant Deterioration (PSD) permit 

program and include provisions for 

preconstruction permitting 

requirements for major sources of fine 

particulate matter (PM2.5) found in West 

Virginia regulations. This action is being 

taken under the Clean Air Act (CAA). 

DATES: This final rule is effective on July 

27, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–EPA–R03–OAR–2015– 

0028. 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. 

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

email at Wentworth.paul@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 30, 2015 (80 FR 16612), 

EPA published a notice of proposed 

rulemaking (NPR) which proposed 

conditional approval for two West 

Virginia SIP revisions submitted on July 

1, 2014 (2014 submittal) and June 6, 

2012 (2012 submittal). A timely and 

adverse comment was submitted on 

EPA’s NPR. A summary of the comment 

and EPA’s response is provided in 

Section III of this document. 

II. Summary of SIP Revision 

The SIP revisions submitted by 

WVDEP on July 1, 2014 and June 6, 

2012 involve amendments to 45CSR14 

(Permits for Construction and Major 

Modification of Major Stationary 

Sources for the Prevention of Significant 

Deterioration). A summary of the 

changes made in the 2012 submittal and 

2014 submittal are available in the 

docket for this action in a document 

titled, ‘‘Summary of West Virginia NSR 

Changes.’’ Generally, the revisions in 


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1The 2008 NSR PM2.5 Rule (as well as the more 

general PM2.5 NAAQS implementation rule, the 

2007 ‘‘Final Clean Air Fine Particle Implementation 

Rule’’ (the 2007 PM2.5 Implementation Rule)), was 

the subject of litigation before the United States 

Court of Appeals for the District of Columbia 

Circuit (D.C. Circuit) in Natural Resources Defense 

Council v. EPA (hereafter, NRDC v. EPA). 706 F.3d 

428 (D.C. Cir. 2013). On January 4, 2013, the D.C. 

Circuit remanded to EPA both the 2007 PM2.5

Implementation Rule and the 2008 NSR PM2.5 Rule. 

The court found that in both rules EPA erred in 

implementing the 1997 PM2.5 NAAQS solely 

pursuant to the general implementation provisions 

of subpart 1 of part D of Title I of the CAA (subpart 

1), rather than pursuant to the additional 

implementation provisions specific to particulate 

matter in subpart 4 of part D of Title I (subpart 4). 

As a result, the D.C. Circuit remanded both rules 

and instructed EPA ‘‘to re-promulgate these rules 

pursuant to subpart 4 consistent with this opinion.’’ 

Although the D.C. Circuit declined to establish a 

deadline for EPA’s response, EPA intends to 

respond promptly to the court’s remand and to 

promulgate new generally applicable 

implementation regulations for the PM2.5 NAAQS in 

accordance with the requirements of subpart 4. In 

the interim, however, states and EPA still need to 

proceed with implementation of the 1997 PM2.5

NAAQS in a timely and effective fashion in order 

to meet statutory obligations under the CAA and to 

assure the protection of public health intended by 

those NAAQS. As stated in the NPR, the 

requirements of Subpart 4 only pertain to 

nonattainment areas, and thus, EPA does not 

consider the portions of the 2008 NSR PM2.5 Rule 

that address requirements for PM2.5 attainment and 

unclassifiable areas to be affected by the NRDC v. 

EPA opinion. Moreover, EPA does not anticipate 

the need to revise any PSD permitting requirements 

promulgated in the 2008 NSR PM2.5 Rule in order 

to comply with the D.C. Circuit’s decision. As this 

rulemaking addresses West Virginia’s PSD 

regulations, EPA has evaluated the West Virginia 

regulations with applicable PSD requirements in 

the CAA, its implementing regulations, and the 

2008 NSR PM2.5 Rule. 

the 2012 submittal were submitted to 

incorporate provisions related to EPA’s 

implementation rule for the 1997 PM2.5

National Ambient Air Quality Standard 

(NAAQS). On May 16, 2008, EPA 

promulgated a rule to implement the 

1997 PM2.5 NAAQS, including changes 

to the New Source Review (NSR) 

program (the 2008 NSR PM2.5 Rule). See 

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.1

The 2014 submittal revised certain 

subdivisions of the 2012 submittal by: 

Adding ‘‘PM condensable emissions’’ to 

the definition of ‘‘regulated NSR 

pollutant’’; adding language identifying 

precursors to NAAQS pollutants to the 

definition of ‘‘regulated NSR pollutant’’; 

deleting the 24-hour de minimis air 

quality impact concentration (or 

Significant Monitoring Concentration 

(SMC)) value for PM2.5 ́ adding a 

provision exempting requirements of 

subsection 45CSR14–9 (Requirements 

Relating to the Source’s Impact on Air 

Quality) based on the completeness date 

of permit applications; and, deleting the 

Significant Impact Levels (SIL) 

provisions in their entirety. 

The 2014 submittal thus addresses 

and corrects a deficiency in West 

Virginia’s PSD permit program 

previously identified by EPA in its May 

9, 2013 disapproval of a portion of 

WVDEP’s August 31, 2011 SIP revision 

to 45CSR14 section 2.66. See 78 FR 

27062 (disapproving a narrow portion of 

West Virginia’s August 31, 2011 SIP 

submittal for failure to satisfy 

requirement that emissions of PM2.5 and 

coarse particulate matter (PM10) shall 

include gaseous emissions which 

condense to form particulate matter 

(PM) at ambient temperatures). This 

narrow disapproval extended only to 

the lack of condensable emissions 

within the definition of ‘‘regulated NSR 

pollutant,’’ found at 45CSR14 section 

2.66 and did not alter EPA’s October 17, 

2012 (77 FR 63736) approval of the 

remaining portions of West Virginia’s 

August 31, 2011 SIP submittal which 

addressed other provisions in 45CSR14. 

The 2014 submittal contained a revision 

to the language at 45CSR14 section 

2.66.a.1 which now includes PM 

condensable emissions in the definition 

of ‘‘regulated NSR pollutant.’’ In 

summary, the 2014 submittal added PM 

condensable emissions to the definition 

of ‘‘regulated NSR pollutant’’ and 

deleted the SILs and SMC for PM2.5

provisions in 45CSR14. 

EPA finds the revisions to 45CSR14 

contained in the 2012 submittal and the 

2014 submittal mirror the PSD 

requirements of the 2008 NSR PM2.5

Rule and meet CAA requirements for 

the PSD permitting program in the CAA 

and its implementing regulations with 

certain exceptions described in the next 

paragraph. The 2014 submittal 

addresses and corrects the deficiency 

identified in EPA’s May 9, 2013 

disapproval (78 FR 27062) by adding 

language to the provision at 45CSR14 

section 2.66.a.1 which now includes PM 

condensable emissions in the definition 

of ‘‘regulated NSR pollutant.’’ Thus, 

EPA finds West Virginia has addressed 

the deficiency noted in our narrow 

disapproval in 78 FR 27062. 

As discussed in the NPR, the CAA’s 

PSD provisions also establish maximum 

allowable increases over baseline 

concentrations—also known as 

‘‘increments’’—for certain pollutants. 

EPA has the task of promulgating 

regulations to prevent the significant 

deterioration of air quality that would 

result from the emissions of pollutants 

EPA began regulating after Congress 

enacted the PSD provisions in the CAA, 

which includes PM2.5. The PSD 

provisions establish preconstruction 

review and permitting of new or 

modified sources of air pollution. In 

2007, EPA proposed a rule establishing 

increments for PM2.5 and also proposed 

two screening tools that would exempt 

permit applicants from some air quality 

analysis and monitoring required for 

PSD: SILs and SMC. See 72 FR 54112 

(September 21, 2007). In our October 20, 

2010 final rule (the PM2.5 PSD 

Increments-SILs–SMC Rule), EPA set 

values for both SILs and SMC for PM2.5.

See 75 FR 64864. 

The Sierra Club challenged EPA’s 

authority to implement PM2.5 SILs and 

SMC for PSD purposes as promulgated 

in the PM2.5 PSD Increments-SILs-SMC 

Rule. See Sierra Club v. EPA, 705 F.3d 

458 (D.C. Cir. 2013). On January 22, 

2013, the D.C. Circuit granted a request 

from EPA to vacate and remand to the 

Agency the portions of the PM2.5 PSD 

Increments-SILs–SMC Rule addressing 

the SILs for PM2.5 (found in paragraph 

(k)(2) in 40 CFR 51.166 and 52.21), 

except for the parts codifying the PM2.5

SILs at 40 CFR 51.165(b)(2), so that the 

EPA could voluntarily correct an error 

in the provisions. Id. at 463–66. The 

D.C. Circuit also vacated parts of the 

PSD Increments-SILs-SMC Rule 

establishing the PM2.5 SMC, finding that 

the Agency had exceeded its statutory 

authority with respect to these 

provisions. Id. at 469. 

In response to the D.C. Circuit’s 

decision, EPA took final action on 

December 9, 2013 to remove the SIL 

provisions from the Federal PSD 

regulations in 40 CFR 52.21 and to 

revise the SMC for PM2.5 to zero 

micrograms per cubic meter. See 78 FR 

73698. Because the D.C. Circuit vacated 

the SMC provisions in 40 CFR 

51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c), 

EPA revised the existing concentration 

for the PM2.5 SMC listed in sections 

51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c) to 

zero micrograms per cubic meter. EPA 

did not entirely remove PM2.5 as a listed 

pollutant in the SMC provisions because 

to do so might lead to the issuance of 

permits that contradict the holding of 

the D.C. Circuit as to the statutory 

monitoring requirements. Id. (providing 

EPA’s explanation for including the zero 

micrograms per cubic meter SMC). 

While WVDEP’s 2014 submittal 

appropriately removes SILs for PM2.5

consistent with the D.C. Circuit’s Sierra 

Club v. EPA decision and our final 

December 9, 2013 rulemaking (78 FR 

73698), West Virginia’s PSD provision at 

45CSR14–16.7.c (included in the 2014 

submittal) does not include a SMC value 

of zero micrograms per cubic meter for 

PM2.5 consistent with the D.C. Circuit’s 

Sierra Club v. EPA decision and our 

December 9, 2013 rulemaking (78 FR 


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Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Rules and Regulations 36485 

2West Virginia had completely deleted the 24- 

hour PM2.5 SMC value in the revised 45CSR14 

provisions included in the 2014 submittal. 

3West Virginia’s letter from the Secretary of 

WVDEP committing to submit a revised provision 

in 45CSR14 to address the SMC for PM2.5 is 

available in the docket for this rulemaking (EPA– 

R03–OAR–2015–0028) and available online at 

www.regulations.gov. 

73698) which addressed the D.C. 

Circuit’s vacature of the SMC provisions 

in 40 CFR parts 51 and 52 for PM2.5.2

Therefore, West Virginia’s PSD 

regulation, 45CSR14, does not fully 

meet the requirements for PSD programs 

as set forth in the 2008 NSR PM2.5 Rule, 

the D.C. Circuit’s decision on SILs and 

SMC in Sierra Club v. EPA, and in 

EPA’s December 9, 2013 rulemaking 

addressing that decision for SILs and 

SMC. 

However, on January 20, 2015, West 

Virginia committed to submitting an 

additional SIP revision with a revised 

PSD regulation at 45CSR14–16.7.c 

which will incorporate a SMC value of 

zero micrograms per cubic meter for 

PM2.5 to address this discrepancy. West 

Virginia committed to submitting this 

SIP revision no later than one year 

following the effective date of the final 

rulemaking notice for conditional 

approval of the 2012 and the 2014 

submittals so that EPA can 

conditionally approve the 2012 and 

2014 submittals.3 See CAA section 

110(k)(4). With the exception of the 

absence of the SMC value of zero 

micrograms per cubic meter for PM2.5

which WVDEP has committed to 

address, EPA finds the 2012 and 2014 

submittals meet applicable requirements 

for a PSD permitting program in the 

CAA, its implementing regulations, and 

the 2008 NSR PM2.5 Rule. 

III. Public Comments and EPA 

Responses 

Comment. EPA received one comment 

on the proposed rulemaking which 

states that EPA should not approve the 

SIP revision until the PM2.5 increments 

are included in the program. 

Response. EPA disagrees that we 

should not conditionally approve the 

2012 submittal and 2014 submittal at 

this time. West Virginia’s present SIPapproved PSD program retains the PM2.5

increments at 45CSR14–4 (Ambient Air 

Quality Increments and Ceilings) and 

will not be affected by this final action. 

IV. Final Action 

EPA is conditionally approving the 

West Virginia SIP revisions, the 2012 

and 2014 submittals, because West 

Virginia is committing to submit an 

additional SIP revision addressing the 

deficiency identified by EPA, regarding 

the deletion of the PM2.5 SMC, within 

one year of the effective date of EPA’s 

final conditional approval and because 

the submittals otherwise meet CAA 

requirements for a PSD permit program 

in the CAA, its implementing 

regulations, and the 2008 NSR PM2.5

Rule as discussed in this rulemaking. 

Once EPA has determined that West 

Virginia has satisfied this condition, the 

conditional approval of the 2012 and 

2014 submittals will become a full 

approval. Should West Virginia fail to 

meet the condition specified above, the 

conditional approval of the 2012 and 

2014 submittals will convert to a 

disapproval pursuant to CAA section 

110(k)(4). 

The full or partial disapproval of a SIP 

revision triggers the requirement under 

CAA section 110(c) that EPA 

promulgate a federal implementation 

plan (FIP) no later than two years from 

the date of the disapproval unless the 

State corrects the deficiency, and the 

Administrator approves the plan or plan 

revision before the Administrator 

promulgates such FIP. EPA has 

determined that West Virginia’s 2014 

submittal has rectified the deficiency 

regarding including condensables in the 

definition of regulated NSR pollutant 

noted in our narrow disapproval in 78 

FR 27062. Therefore, with this action, 

EPA is no longer required to promulgate 

a FIP to address the issue of PM 

condensables in the definition of 

regulated NSR pollutant for West 

Virginia’s PSD permit program, and EPA 

removes our narrow disapproval of the 

August 31, 2011 SIP revision to 

45CSR14, section 2.66 (for failure to 

include condensables in definition of 

regulated NSR pollutant). However, EPA 

is conditionally approving the 2012 and 

2014 submittals due to West Virginia’s 

lack of an appropriate PM2.5 SMC. If 

West Virginia fails to meet the condition 

and this conditional approval becomes 

a disapproval, the disapproval will 

trigger the CAA 110(c) requirement for 

EPA to promulgate a FIP no later than 

two years from the date of the 

disapproval which will address the 

SMC deficiency in West Virginia’s PSD 

permit program. 

V. 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 45CSR14 

(Permits for Construction and Major 

Modification of Major Stationary 

Sources for the Prevention of Significant 

Deterioration) described in the 

amendments to 40 CFR part 52 set forth 

below. 

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). 

VI. 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, 

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 EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 


Lhorne on DSK7TPTVN1PROD with RULES
36486 Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Rules and Regulations 

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 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 August 24, 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, which 

conditionally approves two SIP 

revisions submitted by the WVDEP for 

the State of West Virginia on July 1, 

2014 and June 6, 2012, 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, Incorporation by 

reference, Carbon monoxide, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: June 9, 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 entries 

for [45 CSR] Series 14 to read as follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(c) * * * 

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 

*******

[45CSR] Series 14 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant 

Deterioration 

Section 45–14–1 .............. General ................................................. 06/01/2013 06/25/2015, [Insert Federal Register citation].Conditional Approval. See 

40 CFR 52.2522(k). 

Section 45–14–2 .............. Definitions ............................................. 06/01/2013 06/25/2015, [Insert Federal Register citation].Conditional Approval. See 

40 CFR 52.2522(k). 

Section 45–14–3 .............. Applicability ........................................... 06/01/2013 06/25/2015, [Insert Federal Register citation].Conditional Approval. See 

40 CFR 52.2522(k). 

Section 45–14–4 .............. Ambient Air Quality Increments and 

Ceilings.

06/01/2013 06/25/2015, [Insert Federal Register citation].Conditional Approval. See 

40 CFR 52.2522(k). 

Section 45–14–5 .............. Area Classification ................................ 06/01/2013 06/25/2015, [Insert Federal Register citation].Conditional Approval. See 

40 CFR 52.2522(k). 

Section 45–14–6 .............. Prohibition of Dispersion Enhancement 

Techniques.

06/01/2013 06/25/2015, [Insert Federal Register citation].Conditional Approval. See 

40 CFR 52.2522(k). 

Section 45–14–7 .............. Registration, Report and Permit Requirements for Major Stationary 

Sources and Major Modifications.

06/01/2013 06/25/2015, [Insert Federal Register citation].Conditional Approval. See 

40 CFR 52.2522(k). 

Section 45–14–8 .............. Requirements Relating to Control 

Technology.

06/01/2013 06/25/2015, [Insert Federal Register citation].Conditional Approval. See 

40 CFR 52.2522(k). 

Section 45–14–9 .............. Requirements Relating to the Source’s 

Impact on Air Quality.

06/01/2013 06/25/2015, [Insert Federal Register citation].Conditional Approval. See 

40 CFR 52.2522(k). 

Section 45–14–10 ............ Modeling Requirements ........................ 06/01/2013 06/25/2015, [Insert Federal Register citation].Conditional Approval. See 

40 CFR 52.2522(k). 

Section 45–14–11 ............ Air Quality Monitoring Requirements ... 06/01/2013 06/25/2015, [Insert Federal Register citation].Conditional Approval. See 

40 CFR 52.2522(k). 

Section 45–14–12 ............ Additional Impacts Analysis Requirements.06/01/2013 06/25/2015, [Insert Federal Register citation].Conditional Approval. See 

40 CFR 52.2522(k). 

Section 45–14–13 ............ Additional Requirements and 

Variances for Source Impacting Federal Class 1 Areas.

06/01/2013 06/25/2015, [Insert Federal Register citation].Conditional Approval. See 

40 CFR 52.2522(k). 

Section 45–14–14 ............ Procedures for Sources Employing Innovative Control Technology.06/01/2013 06/25/2015, [Insert Federal Register citation].Conditional Approval. See 

40 CFR 52.2522(k). 


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Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Rules and Regulations 36487 

1 78 FR 18285 (Mar. 26, 2013). 

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 

Section 45–14–15 ............ Exclusions From Increment Consumption.06/01/2013 06/25/2015, [Insert Federal Register citation].Conditional Approval. See 

40 CFR 52.2522(k). 

Section 45–14–16 ............ Specific Exemptions ............................. 06/01/2013 06/25/2015, [Insert Federal Register citation].Conditional Approval. See 

40 CFR 52.2522(k). 

Section 45–14–17 ............ Public Review Procedures ................... 06/01/2013 06/25/2015, [Insert Federal Register citation].Conditional Approval. See 

40 CFR 52.2522(k). 

Section 45–14–18 ............ Public Meetings .................................... 06/01/2013 06/25/2015, [Insert Federal Register citation].Conditional Approval. See 

40 CFR 52.2522(k). 

Section 45–14–19 ............ Permit Transfer, Cancellation and Responsibility.06/01/2013 06/25/2015, [Insert Federal Register citation].Conditional Approval. See 

40 CFR 52.2522(k). 

Section 45–14–20 ............ Disposition of Permits ........................... 06/01/2013 06/25/2015, [Insert Federal Register citation].Conditional Approval. See 

40 CFR 52.2522(k). 

Section 45–14–21 ............ Conflict with Other Permitting Rules .... 06/01/2013 06/25/2015, [Insert Federal Register citation].Conditional Approval. See 

40 CFR 52.2522(k). 

Section 45–14–25 ............ Actual PALs .......................................... 06/01/2013 06/25/2015, [Insert Federal Register citation].Conditional Approval. See 

40 CFR 52.2522(k). 

Section 45–14–26 ............ Inconsistency Between Rules .............. 06/01/2013 06/25/2015, [Insert Federal Register citation].Conditional Approval. See 

40 CFR 52.2522(k). 

*******

* * * * * 

■ 3. Section 52.2522 is amended by 

revising the section heading and adding 

paragraph (k) to read as follows: 

§ 52.2522 Identification of plan-conditional 

approval. 

* * * * * 

(k) EPA is conditionally approving 

two West Virginia State Implementation 

Plan (SIP) revisions submitted on July 1, 

2014 and June 6, 2012 relating to 

revisions to 45CSR14 (Permits for 

Construction and Major Modification of 

Major Stationary Sources of Air 

Pollution for the Prevention of 

Significant Deterioration) for failure to 

include a significant monitoring 

concentration value (SMC) of zero 

micrograms per cubic meter for fine 

particulate matter (PM2.5). The 

conditional approval is based upon a 

commitment from the State to submit an 

additional SIP revision with a revised 

regulation at 45CSR14–16.7.c which 

will incorporate a SMC value of zero 

micrograms per cubic meter for PM2.5 to 

address this discrepancy and to be 

consistent with federal requirements. If 

the State fails to meet its commitment 

by June 24, 2016, the approval is treated 

as a disapproval. 

[FR Doc. 2015–15530 Filed 6–24–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 553 

[NHTSA–2013–0042] 

RIN 2127–AL32 

Direct Final Rulemaking Procedures 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Final rule. 

SUMMARY: NHTSA is establishing direct 

final rulemaking (DFR) procedures for 

use in adopting amendments to its 

regulations on which the agency expects 

it would receive no adverse public 

comment were it to publish them as 

proposals in the Federal Register. This 

limitation means that NHTSA will not 

use direct final rule procedures for 

amendments involving complex or 

controversial issues. When the agency 

does not expect adverse public 

comments on draft amendments, it will 

issue a direct final rule adopting the 

amendments and stating that they will 

become effective in a specified number 

of days after the date of publication of 

the rule in the Federal Register, unless 

NHTSA receives written adverse 

comment(s) or written notice of intent to 

submit adverse comment(s) by the 

specified effective date. Adoption of 

these new procedures will expedite the 

promulgation of routine and 

noncontroversial rules by reducing the 

time and resources necessary to 

develop, review, clear and publish 

separate proposed and final rules. 

DATES: Effective June 25, 2015. 

ADDRESSES: Docket: To access the 

docket and read comments received, go 

to http://www.regulations.gov and 

search by Docket ID number NHTSA– 

2013–0042 at any time. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received in any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review the U.S. Department of 

Transportation’s (DOT) complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19476) or you may visit http:// 

www.dot.gov/individuals/privacy/

privacy-policy. 

FOR FURTHER INFORMATION CONTACT: 

Analiese Marchesseault, Office of Chief 

Counsel, National Highway Traffic 

Safety Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590; 

Telephone: (202) 366–2992. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 26, 2013, NHTSA proposed 

to establish direct final rulemaking 

(DFR) procedures for use in adopting 

amendments to its regulations on which 

no adverse public comment is expected 

by the agency.1 The procedures were 

modeled after DFR procedures 

established by the Office of the 

Secretary of Transportation (OST) on 


Lhorne on DSK7TPTVN1PROD with RULES