```

[Federal Register Volume 78, Number 212 (Friday, November 1, 2013)]
[Proposed Rules]
[Pages 65593-65594]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26212]

[[Page 65593]]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0675; FRL-9902-38--Region 3]

Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Infrastructure Requirements for the 2010 Nitrogen 
Dioxide National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
submittal from the State of West Virginia pursuant to the Clean Air Act 
(CAA). Whenever new or revised national ambient air quality standards 
(NAAQS) are promulgated, the CAA requires states to submit a plan for 
the implementation, maintenance, and enforcement of such NAAQS. The 
plan is required to address basic program elements, including, but not 
limited to, regulatory structure, monitoring, modeling, legal 
authority, and adequate resources necessary to assure attainment and 
maintenance of the standards. These elements are referred to as 
infrastructure requirements. West Virginia has made a submittal 
addressing the infrastructure requirements for the 2010 nitrogen 
dioxide (NO2) NAAQS.

DATES: Written comments must be received on or before December 2, 2013.

ADDRESSES: Submit your comments, identified by Docket ID EPA-R03-OAR-
2013-0675 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: fernandez.cristina@epa.gov.
    C. Mail: EPA-R03-OAR-2013-0675, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Air Protection Division, 
Mailcode 3AP30, 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-
2013-0675. 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 
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: Ellen Schmitt, (215) 814-5787, or by 
email at schmitt.ellen@epa.gov.

SUPPLEMENTARY INFORMATION: On December 13, 2012, the State of West 
Virginia through the West Virginia Department of Environmental 
Protection (WVDEP) submitted a revision to its SIP to satisfy the 
requirements of section 110(a)(2) of the CAA for the 2010 
NO2 NAAQS.

I. Background

    In 1971, EPA promulgated a NO2 primary and secondary 
standard of 53 parts per billion (ppb), averaged annually. On January 
22, 2010, EPA established an additional primary standard for 
NO2 at 100 ppb, averaged over one hour. Pursuant to section 
110(a)(1) of the CAA, states are required to submit SIPs meeting the 
applicable requirements of section 110(a)(2) within three years after 
promulgation of a new or revised NAAQS or within such shorter period as 
EPA may prescribe. Section 110(a)(2) lists specific elements that 
states must meet for ``infrastructure'' SIP requirements related to a 
newly established or revised NAAQS. These requirements include basic 
SIP elements such as requirements for monitoring, basic program 
requirements and legal authority that are designed to assure attainment 
and maintenance of the NAAQS.
    Section 110(a) imposes the obligation upon states to make a SIP 
submission to EPA for a new or revised NAAQS, but the contents of that 
submission may vary depending upon the facts and circumstances. In 
particular, the data and analytical tools available at the time the 
state develops and submits the SIP for a new or revised NAAQS affect 
the content of the submission. The content of such SIP submissions may 
also vary depending upon what provisions the state's existing SIP 
already contains.

II. Summary of SIP Revision

    On December 13, 2012, the WVDEP provided a submittal to satisfy the 
requirements of section 110(a)(2) of the CAA for the 2010 
NO2 NAAQS. This submittal addressed the following 
infrastructure elements or portions thereof, which EPA is proposing to 
approve: Sections 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), 
(K), (L), and (M). A detailed summary of EPA's review and rationale for 
approving West Virginia's submittal may be found in the Technical 
Support Document (TSD) for this proposed rulemaking action, which is 
available online at www.regulations.gov, Docket number EPA-R03-OAR-
2013-0675.

III. Proposed Action

    EPA is proposing to approve the following elements or portions 
thereof, of West Virginia's December 13, 2012 SIP revision: (A), (B), 
(C), (D), (E), (F), (G), (H), (J), (K), (L), and (M). West Virginia's 
SIP revision provides the basic program elements specified in section 
110(a)(2) necessary to implement, maintain, and enforce the 2010 
NO2 NAAQS. This action does not

[[Page 65594]]

include any proposed action on section 110(a)(2)(I) of the CAA which 
pertains to the nonattainment requirements of part D, Title I of the 
CAA, because this element is not required to be submitted by the 3-year 
submission deadline of section 110(a)(1), and will be addressed in a 
separate process, if applicable. This action also does not include 
proposed action on section 110(a)(2)(C), (D)(i)(II), and (J) of the CAA 
as they relate to West Virginia's required permit program for the 
prevention of significant deterioration (PSD), as required by part C of 
Title I of the CAA. EPA will take separate action on these elements.\1\ 
Additionally, EPA will take later separate action on CAA section 
110(a)(2)(E)(ii) for the 2010 NO2 NAAQS as it relates to CAA 
section 128, ``State Boards.'' EPA is soliciting public comments on the 
issues discussed in this document. These comments will be considered 
before taking final action.
---------------------------------------------------------------------------

    \1\ EPA previously approved West Virginia's PSD permit program 
with the limited exception of West Virginia's definition of 
``regulated new source review (NSR) pollutant'' which received a 
narrow disapproval as the definition did not include condensable 
emissions of particulate matter. See (77 FR 63736, October 17, 2012) 
and (78 FR 27062, May 9, 2013). Because the grounds for disapproval 
were narrow and extended only to the lack of condensables within the 
definition of ``regulated NSR pollutant,'' the narrow disapproval 
does not alter EPA's October 17, 2012 approval of the remaining 
portions of West Virginia's August 2011 SIP submittal for the 
State's PSD program. EPA anticipates that West Virginia will make a 
submission rectifying the deficiency regarding condensables. 
Further, EPA anticipates acting on West Virginia's submission on 
this definition within the two year time frame prior to EPA's 
Federal implementation plan obligation on this very narrow issue.
---------------------------------------------------------------------------

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, which addresses West Virginia's 
infrastructure requirements in section 110(a)(2) of the CAA for the 
2010 NO2 NAAQS or portions thereof, 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, Incorporation by 
reference, Nitrogen dioxide, Recordkeeping and reporting.

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

    Dated: September 26, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2013-26212 Filed 10-31-13; 8:45 am]
BILLING CODE 6560-50-P
```