Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations 44525 

1These non-EGUs are defined in the NOX SIP Call 

as stationary, fossil fuel-fired boilers, combustion 

turbines, or combined cycle systems with a 

maximum design heat input greater than 250 

million British thermal units per hour (MMBtu/hr). 

2 In October 1998, EPA finalized the ‘‘Finding of 

Significant Contribution and Rulemaking for 

Certain States in the Ozone Transport Assessment 

Group Region for Purposes of Reducing Regional 

Transport of Ozone’’—commonly called the NOX

SIP Call. See 63 FR 57356 (October 27, 1998). 

3North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 

2008). 

4North Carolina v. EPA, 550 F.3d 1176 (D.C. Cir. 

2008). 

2011 base year emissions inventory for 

the Maryland portion of the 

Philadelphia-Wilmington-Atlantic City 

marginal nonattainment area for the 

2008 8-hour ozone national ambient air 

quality standards submitted by the 

Maryland Department of the 

Environment on January 19, 2017, as 

amended July 20, 2017. The 2011 base 

year emissions inventory includes 

emissions estimates that cover the 

general source categories of stationary 

point, area (nonpoint), nonroad mobile, 

onroad mobile, and Marine-Air-Rail (M– 

A–R). The inventory included actual 

annual emissions and typical summer 

day emissions for the months of May 

through September for the ozone 

precursors, VOC and NOX. 

[FR Doc. 2017–20324 Filed 9–22–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2016–0574; FRL–9968–15– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Removal of Clean Air 

Interstate Rule Trading Programs 

Replaced by Cross-State Air Pollution 

Rule Trading Programs 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve two state 

implementation plan (SIP) revisions 

submitted by the State of West Virginia. 

These revisions pertain to two West 

Virginia regulations that established 

trading programs under the Clean Air 

Interstate Rule (CAIR). The EPAadministered trading programs under 

CAIR were discontinued on December 

31, 2014 upon the implementation of 

the Cross-State Air Pollution Rule 

(CSAPR), which was promulgated by 

EPA to replace CAIR. CSAPR 

established federal implementation 

plans (FIPs) for 23 states, including 

West Virginia. The submitted SIP 

revisions request removal of regulations 

that implemented the CAIR annual 

nitrogen oxide (NOX) and annual sulfur 

dioxide (SO2) trading programs from the 

West Virginia SIP (as CSAPR has 

supplanted CAIR). West Virginia’s SIP 

revision submittal requesting removal of 

a regulation that implemented the CAIR 

ozone season trading program will be 

addressed in a separate action. EPA is 

approving these SIP revisions in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This rule is effective on 

December 26, 2017 without further 

notice, unless EPA receives adverse 

written comment by October 25, 2017. 

If EPA receives such comments, it will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

and inform the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2016–0574 at https://

www.regulations.gov, or via email to 

stahl.cynthia@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Marilyn Powers, (215) 814–2308, or by 

email at powers.marilyn@epa.gov. 

SUPPLEMENTARY INFORMATION: On July 

13, 2016, the State of West Virginia, 

through the West Virginia Department 

of Environmental Protection (WVDEP), 

submitted three SIP revisions requesting 

EPA remove from its SIP three 

regulations that implemented the CAIR 

(70 FR 25162, May 12, 2005) trading 

programs: Regulation 45CSR39—Control 

of Annual Nitrogen Oxides Emissions, 

Regulation 45CSR40—Control of Ozone 

Season Nitrogen Oxides Emissions, and 

Regulation 45CSR41—Control of 

Annual Sulfur Dioxide Emissions. This 

action pertains to the two submittals 

that remove 45CSR39 and 45CSR41, the 

CAIR annual NOX and annual SO2

trading programs, respectively, from the 

West Virginia SIP. The submittal 

pertaining to removal of the CAIR ozone 

season NOX trading program is not a 

part of this action and will be addressed 

in a separate action. 

I. Background 

In 2005, EPA promulgated CAIR (70 

FR 25162, May 12, 2005) to address 

transported emissions that significantly 

contributed to downwind states’ 

nonattainment and interfered with 

maintenance of the 1997 ozone and fine 

particulate matter (PM2.5) national 

ambient air quality standards (NAAQS). 

CAIR required 28 states, including West 

Virginia, to reduce emissions of NOX

and SO2, precursors to the formation of 

ambient ozone and PM2.5. Under CAIR, 

EPA established federal implementation 

plans (FIPs) comprised of separate cap 

and trade programs for annual NOX, 

ozone season NOX, and annual SO2. 

States could comply with the 

requirements of CAIR by remaining on 

the FIP, which applied only to electric 

generating units (EGUs), or by 

submitting a CAIR SIP revision that 

included as trading sources EGUs and 

certain non-EGUs 1 that formerly traded 

in the NOX Budget Trading Program 

under the NOX SIP Call.2 West Virginia 

submitted, and EPA approved, a CAIR 

SIP revision that included EGUs and 

certain non-EGUs as part of the State’s 

regulation for the CAIR ozone season 

trading program as well as EGUs in the 

CAIR annual trading program for NOX

and SO2. See 74 FR 38536 (August 4, 

2009). 

The United States Court of Appeals 

for the District of Columbia Circuit (D.C. 

Circuit) initially vacated CAIR in 2008,3

but ultimately remanded the rule to EPA 

without vacatur to preserve the 

environmental benefits provided by 

CAIR.4 The ruling allowed CAIR to 

remain in effect temporarily until a 

replacement rule consistent with the 

Court’s opinion was developed. While 

EPA worked on developing a 

replacement rule, the CAIR program 

continued as planned with the NOX

annual and ozone season programs 


asabaliauskas on DSKBBXCHB2PROD with RULES
44526 Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations 

5Order of Dec. 30, 2011, in EME Homer City 

Generation, L.P. v. EPA, D.C. Cir. No. 11–1302. 

6Order, Document #1518738, EME Homer City 

Generation, L.P. v. EPA, No. 11–1302 (D.C. Cir. 

issued Oct. 23, 2014). 

7EPA notes that 45CSR40—Control of Ozone 

Season Nitrogen Oxides Emissions is also obsolete 

and not affecting emission reductions. However, 

EPA will act on West Virginia’s request to remove 

45CSR40 from the SIP in a separate action. 

beginning in 2009 and the SO2 annual 

program beginning in 2010. 

On August 8, 2011 (76 FR 48208), 

acting on the D.C. Circuit’s remand, EPA 

promulgated the CSAPR to replace CAIR 

to address the interstate transport of 

emissions contributing to nonattainment 

and interfering with maintenance of the 

two air quality standards covered by 

CAIR as well as the 2006 PM2.5 NAAQS. 

The rule also contained provisions that 

would sunset CAIR-related obligations 

on a schedule coordinated with the 

implementation of CSAPR compliance 

requirements. CSAPR was to become 

effective January 1, 2012; however, the 

timing of CSAPR’s implementation was 

impacted by a number of court actions. 

Numerous parties filed petitions for 

review of CSAPR in the D.C. Circuit, 

and on December 30, 2011, the D.C. 

Circuit stayed CSAPR prior to its 

implementation and ordered EPA to 

continue administering CAIR on an 

interim basis.5 On August 21, 2012, the 

court issued its ruling, vacating and 

remanding CSAPR to EPA and ordering 

continued implementation of CAIR. 

EME Homer City Generation, L.P. v. 

EPA, 696 F.3d 7, 38 (D.C. Cir. 2012). The 

D.C. Circuit’s vacatur of CSAPR was 

reversed by the United States Supreme 

Court on April 29, 2014, and the case 

was remanded to the D.C. Circuit to 

resolve remaining issues in accordance 

with the Supreme Court’s ruling. EPA v. 

EME Homer City Generation, L.P., 134 S. 

Ct. 1584 (2014). On remand, the D.C. 

Circuit affirmed CSAPR in most 

respects. 

Throughout the initial round of D.C. 

Circuit proceedings and the ensuing 

Supreme Court proceedings, the stay on 

CSAPR remained in place, and EPA 

continued to implement CAIR. 

Following the April 2014 Supreme 

Court decision, EPA filed a motion 

asking the D.C. Circuit to lift the stay in 

order to allow CSAPR to replace CAIR 

in an equitable and orderly manner 

while further D.C. Circuit proceedings 

were held to resolve remaining claims 

from petitioners. Additionally, EPA’s 

motion requested delay, by three years, 

of all CSAPR compliance deadlines that 

had not passed as of the approval date 

of the stay. On October 23, 2014, the 

D.C. Circuit granted EPA’s request,6 and 

on December 3, 2014 (79 FR 71663), in 

an interim final rule, EPA set the 

updated effective date of CSAPR as 

January 1, 2015 and delayed the 

implementation of CSAPR Phase I to 

2015 and CSAPR Phase 2 to 2017. In 

accordance with the interim final rule, 

the sunset date for CAIR was December 

31, 2014, and EPA began implementing 

CSAPR on January 1, 2015. 

Starting in January 2015, the CSAPR 

FIP trading programs for annual NOX, 

ozone season NOX and annual SO2 were 

applicable in West Virginia. Thus, since 

January 1, 2015, the West Virginia 

regulations, 45CSR39 and 45CSR41, that 

implemented the CAIR trading programs 

became obsolete with none of these 

obsolete programs providing any 

emission reductions.7

II. Summary of SIP Revisions and EPA 

Analysis 

WVDEP submitted two SIP revisions 

on July 13, 2016 that requested the 

removal from the West Virginia SIP of 

the State’s regulations (45CSR39 and 

45CSR41) which implemented 

respectively the CAIR annual NOX and 

annual SO2 trading programs. As noted 

previously, the annual NOX and SO2

reduction programs to address interstate 

transport of emissions from EGUs for 

the 1997 and 2006 PM2.5 NAAQS have 

been replaced by the CSAPR FIP. 

Because the removal of 45CSR39 and 41 

remove moot CAIR provisions which 

have been replaced by CSAPR which is 

at least as stringent as CAIR, the 

removal of 45CSR39 and 41 from the 

West Virginia SIP has no expected 

emissions impact on any pollutant and 

thus is not expected to interfere with 

reasonable further progress, any NAAQS 

or any other CAA requirement. The 

removal of 45CSR39 and 41 from the 

West Virginia SIP is in accordance with 

section 110(l) of the CAA. Therefore, 

EPA determines it is appropriate for 

these two regulations to be removed in 

their entirety from the West Virginia SIP 

as the regulations contain obsolete 

provisions which no longer provide any 

emission limitations on, or reductions 

of, any pollutant. 

III. Final Action 

EPA is approving the two July 13, 

2016 West Virginia SIP revision 

submissions which seek removal from 

the West Virginia SIP of Regulation 

45CSR39 that implemented the CAIR 

annual NOX trading program and 

Regulation 45CSR41 that implemented 

the CAIR annual SO2 trading program. 

Removal of these two regulations from 

the West Virginia SIP is in accordance 

with section 110 of the CAA. EPA is 

publishing this rule without prior 

proposal because EPA views this as a 

noncontroversial amendment and 

anticipates no adverse comment. 

However, in the ‘‘Proposed Rules’’ 

section of this issue of the Federal 

Register, EPA is publishing a separate 

document that will serve as the proposal 

to approve the SIP revision if adverse 

comments are filed. This rule will be 

effective on December 26, 2017 without 

further notice unless EPA receives 

adverse comment by October 25, 2017. 

If EPA receives adverse comment, EPA 

will publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. EPA 

will address all public comments in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. Please note that 

if EPA receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

IV. 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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); 


asabaliauskas on DSKBBXCHB2PROD with RULES
Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations 44527 

• 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 removing West 

Virginia regulations 45CSR39 and 

45CSR41 from 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. 

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. 

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 November 24, 2017. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of this issue of the Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking 

action. 

This action approving West Virginia 

SIP revision submittals to remove 

obsolete CAIR annual trading program 

provisions 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, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

Dated: September 11, 2017. 

Cecil Rodrigues, 

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 

§ 52.2520 [Amended] 

■ 2. In § 52.2520, the first table in 

paragraph (c) is amended by: 

■ a. Removing the table heading and the 

entries for ‘‘[45 CSR] Series 39’’. 

■ b. Removing the table heading and the 

entries for ‘‘[45 CSR] Series 41’’. 

[FR Doc. 2017–20341 Filed 9–22–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R02–OAR–2017–0132; FRL–9968–13– 

Region 2] 

Approval and Promulgation of Plans 

for Designated Facilities; New Jersey; 

Delegation of Authority 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a request 

from the New Jersey Department of 

Environmental Protection (NJDEP) for 

delegation of authority to implement 

and enforce the Federal plan for Sewage 

Sludge Incineration (SSI) units. On 

April 29, 2016, the EPA promulgated 

the Federal plan for SSI units to fulfill 

the requirements of the Clean Air Act. 

The Federal plan addresses the 

implementation and enforcement of the 

emission guidelines applicable to 

existing SSI units located in areas not 

covered by an approved and currently 

effective state plan. The Federal plan 

imposes emission limits and other 

control requirements for existing 

affected SSI facilities which will reduce 

designated pollutants. 

On January 24, 2017, the NJDEP 

signed a Memorandum of Agreement 

which is intended to be the mechanism 

for the transfer of authority between the 

EPA and the NJDEP and defines the 

policies, responsibilities and procedures 

pursuant to the Federal plan for existing 

SSI units. 

DATES: This rule will be effective 

October 25, 2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2017–0132. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

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 please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Anthony (Ted) Gardella, Environmental 

Protection Agency, 290 Broadway, New 

York, New York 10007–1866, at (212) 

637–3892, or by email at 

gardella.anthony@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is the EPA taking today? 

The EPA is approving the NJDEP’s 

request for delegation of authority to 

implement and enforce a Federal plan 

and to adhere to the terms and 

conditions prescribed in the 

Memorandum of Agreement (MOA) 

signed between the EPA and the NJDEP, 


asabaliauskas on DSKBBXCHB2PROD with RULES