Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 47981 

This notice is issued under the 

authority of 5 U.S.C. 552(a). 

Joseph B. Loring, 

Captain, Office of Marine Environmental 

Response Policy. 

[FR Doc. 2017–22333 Filed 10–13–17; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2017–0413; FRL–9969–48– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; 2015 Ozone National Ambient 

Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the State 

of West Virginia state implementation 

plan (SIP). The revisions update the 

effective date by which the West 

Virginia regulations incorporate by 

reference the national ambient air 

quality standards (NAAQS), additional 

monitoring methods, and additional 

equivalent monitoring methods. This 

update will effectively add the 

following to the West Virginia SIP: The 

2015 ozone NAAQS, monitoring 

reference and equivalent methods 

pertaining to fine particulate matter 

(PM2.5), Carbon Monoxide (CO), and 

course particulate matter (PM10), and it 

will revise the ozone monitoring season, 

the Federal Reference Method (FRM), 

the Federal Equivalent Method (FEM), 

and the Photochemical Assessment 

Monitoring Stations (PAMS) network. 

The SIP revision will also change a 

reference from the ‘‘West Virginia 

Department of Environmental 

Protection,’’ to the ‘‘Division of Air 

Quality.’’ EPA is approving these 

revisions in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on 

December 15, 2017 without further 

notice, unless EPA receives adverse 

written comment by November 15, 

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–2017–0413 at https://

www.regulations.gov, or via email to 

stahl.cythia@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: 

Joseph Schulingkamp, (215) 814–2021, 

or by email at schulingkamp.joseph@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 13, 2017, the State of West 

Virginia through the West Virginia 

Department of Environmental Protection 

(WVDEP) submitted a formal revision to 

West Virginia’s SIP pertaining to 

amendments of Legislative Rule, 45 CSR 

8—Ambient Air Quality Standards. The 

SIP revision consists of revising the 

effective date of the incorporation by 

reference of 40 CFR parts 50 and 53. 

II. Summary of SIP Revision and EPA 

Analysis 

West Virginia has submitted this SIP 

revision to update the State’s 

incorporation by reference of 40 CFR 

part 50, which contains the Federal 

NAAQS, and 40 CFR part 53, which 

contains the ambient air monitoring 

reference methods and equivalent 

reference methods. Currently, the 

version of 45 CSR 8 in the West Virginia 

SIP incorporates by reference 40 CFR 

parts 50 and 53 as effective on June 1, 

2013; this SIP revision will update the 

effective date to June 1, 2016. 

In the June 13, 2017 SIP submittal, 

WVDEP submitted amendments to the 

legislative rule which include the 

following changes: To section 45–8–1 

(General), the filing and effective dates 

are changed to reflect the update of the 

legislative rule; to section 45–8–3 

(Adoption of Standards), the effective 

dates for the incorporation by reference 

of 40 CFR parts 50 and 53 are changed; 

to section 45–8–4 (Inconsistency 

Between Rules), the reference to the 

‘‘West Virginia Department of 

Environmental Protection,’’ is changed 

to the ‘‘Division of Air Quality.’’ West 

Virginia has amended 45 CSR 8 to revise 

the filing and effective dates of the rule 

to May 15, 2017 and June 1, 2017 

respectively. The effective date of the 

incorporation by reference of 40 CFR 

parts 50 and 53 changed from June 1, 

2013 to June 1, 2017. EPA finds the 

revised version of 45 CSR 8 with new 

effective dates incorporating by 

reference 40 CFR parts 50 and 53, as 

well as the changes to the reference of 

the state air agency, are in accordance 

with requirements in section 110 of the 

CAA. 

This update will effectively add the 

following to the West Virginia SIP: The 

2015 ozone NAAQS, monitoring 

reference and equivalent methods 

pertaining to PM2.5, CO, and PM10, and 

it will revise the ozone monitoring 

season to March 1st through October 

31st, the FRM, the FEM, and the PAMS 

network. 

III. Final Action 

EPA is approving the amendments to 

Legislative Rule, 45 CSR 8—Ambient 

Air Quality Standards, into the West 

Virginia SIP pursuant to 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 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 15, 2017 without 

further notice unless EPA receives 

adverse comment by November 15, 

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, 


jstallworth on DSKBBY8HB2PROD with RULES
47982 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

IV. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the update to 

West Virginia’s Legislative Rule, 45 CSR 

8, as effective on June 1, 2017. EPA has 

made, and will continue to make, these 

materials generally available through 

www.regulations.gov and/or at the EPA 

Region III Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated by reference by the 

Director of the Federal Register in the 

next update of the SIP compilation.1

V. 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); 

• 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 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 December 15, 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 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, to approve West 

Virginia’s SIP revisions to update of the 

effective date by which the State 

regulations incorporate by reference the 

Federal NAAQS, additional monitoring 

methods, and additional equivalent 

monitoring methods, which effectively 

adds the 2015 ozone NAAQS and 

ambient air monitoring reference and 

equivalent methods pertaining to PM2.5, 

PM10, and CO, and changing the 

reference to the state air agency, 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, Carbon monoxide, 

Incorporation by reference, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: September 27, 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 

■ 2. In § 52.2520, the first table in 

paragraph (c) is amended by revising the 

entries for 45–8–1 through 45–8–4 to 

read as follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(c) * * * 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 47983 

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 

*******

[45 CSR] Series 8 Ambient Air Quality Standards 

Section 45–8–1 .......... General ................................ 6/1/17 10/16/2017, [Insert Federal Register Citation].Filing and effective dates are revised. 

Section 45–8–2 .......... Definitions ............................ 6/1/17 10/16/2017, [Insert Federal Register Citation].Previous Approval 9/22/2014. 

Section 45–8–3 .......... Adoption of Standards ......... 6/1/17 10/16/2017, [Insert Federal Register Citation].Effective date is revised. 

Section 45–8–4 .......... Inconsistency Between 

Rules.

6/1/17 10/16/2017, [Insert Federal Register Citation].Replaced ‘‘West Virginia Department of Environmental Protection’’ with ‘‘Division of Air Quality’’. 

* * * * * * * 

* * * * * 

[FR Doc. 2017–22254 Filed 10–13–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0079; FRL–9969–20– 

Region 4] 

Air Plan Approval; Florida; Interstate 

Transport (Prongs 1 and 2) for the 2010 

1-hour NO2 Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the Florida State 

Implementation Plan (SIP), submitted 

by the Florida Department of 

Environmental Protection, on February 

3, 2017, addressing the Clean Air Act 

(CAA or Act) interstate transport 

(prongs 1 and 2) infrastructure SIP 

requirements for the 2010 1-hour 

Nitrogen Dioxide (NO2) National 

Ambient Air Quality Standard 

(NAAQS). The CAA requires that each 

state adopt and submit a SIP for the 

implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by EPA, commonly 

referred to as an ‘‘infrastructure SIP.’’ 

Specifically, EPA is taking final action 

to approve Florida’s February 3, 2017, 

SIP submission addressing prongs 1 and 

2 to ensure that air emissions in the 

State do not significantly contribute to 

nonattainment or interfere with 

maintenance of the 2010 1-hour NO2

NAAQS in any other state. 

DATES: This rule will be effective 

November 15, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2017–0079. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information may not be publicly 

available, i.e., 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 in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Andres Febres of the Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Mr. 

Febres can be reached by telephone at 

(404) 562–8966 or via electronic mail at 

febres-martinez.andres@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

By statute, SIPs meeting the 

requirements of sections 110(a)(1) and 

(2) of the CAA are to be submitted by 

states within three years after 

promulgation of a new or revised 

NAAQS to provide for the 

implementation, maintenance, and 

enforcement of the new or revised 

NAAQS. EPA has historically referred to 

these SIP submissions made for the 

purpose of satisfying the requirements 

of sections 110(a)(1) and 110(a)(2) as 

‘‘infrastructure SIP’’ submissions. 

Sections 110(a)(1) and (2) require states 

to address basic SIP elements such as 

requirements for monitoring, basic 

program requirements, and legal 

authority that are designed to assure 

attainment and maintenance of the 

newly established or revised NAAQS. 

More specifically, section 110(a)(1) 

provides the procedural and timing 

requirements for infrastructure SIPs. 

Section 110(a)(2) lists specific elements 

that states must meet for the 

infrastructure SIP requirements related 

to a newly established or revised 

NAAQS. The contents of an 

infrastructure SIP submission may vary 

depending upon the data and analytical 

tools available to the state, as well as the 

provisions already contained in the 

state’s implementation plan at the time 

in which the state develops and submits 

the submission for a new or revised 

NAAQS. 

Section 110(a)(2)(D) has two 

components: 110(a)(2)(D)(i) and 

110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) 

includes four distinct components, 

commonly referred to as ‘‘prongs,’’ that 

must be addressed in infrastructure SIP 

submissions. The first two prongs, 

which are codified in section 


jstallworth on DSKBBY8HB2PROD with RULES