[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)]
[Rules and Regulations]
[Pages 47981-47983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22254]


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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.

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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 (PM<INF>2.5</INF>), Carbon Monoxide (CO), and course 
particulate matter (PM<INF>10</INF>), 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 
<a href="/cdn-cgi/l/email-protection#bfcccbded7d391dcc6cbd7d6deffdacfde91d8d0c9"><span class="__cf_email__" data-cfemail="87f4f3e6efeba9e4fef3efeee6c7e2f7e6a9e0e8f1">[email protected]</span></a>. 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 <a href="/cdn-cgi/l/email-protection#aad9c9c2dfc6c3c4cdc1cbc7da84c0c5d9cfdac2eacfdacb84cdc5dc"><span class="__cf_email__" data-cfemail="2f5c4c475a43464148444e425f0145405c4a5f476f4a5f4e01484059">[email protected]</span></a>.

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 PM<INF>2.5</INF>, CO, and PM<INF>10</INF>, 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,

[[Page 47982]]

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\
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    \1\ 62 FR 27968 (May 22, 1997).
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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:
    <bullet> 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);
    <bullet> does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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 PM<INF>2.5</INF>, PM<INF>10</INF>, 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

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart XX--West Virginia

0
2. In Sec.  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:


Sec.  52.2520   Identification of plan.

* * * * *
    (c) * * *

[[Page 47983]]



                                EPA-Approved Regulations in the West Virginia SIP
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                                                            State                                Additional
State citation [Chapter 16-20 or      Title/subject       effective     EPA approval date   explanation/citation
             45 CSR]                                         date                             at 40 CFR 52.2565
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                                 [45 CSR] Series 8 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Section 45-8-1..................  General..............       6/1/17  10/16/2017, [Insert   Filing and effective
                                                                       Federal Register      dates are revised.
                                                                       Citation].
Section 45-8-2..................  Definitions..........       6/1/17  10/16/2017, [Insert   Previous Approval 9/
                                                                       Federal Register      22/2014.
                                                                       Citation].
Section 45-8-3..................  Adoption of Standards       6/1/17  10/16/2017, [Insert   Effective date is
                                                                       Federal Register      revised.
                                                                       Citation].
Section 45-8-4..................  Inconsistency Between       6/1/17  10/16/2017, [Insert   Replaced ``West
                                   Rules.                              Federal Register      Virginia Department
                                                                       Citation].            of Environmental
                                                                                             Protection'' with
                                                                                             ``Division of Air
                                                                                             Quality''.
 
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[FR Doc. 2017-22254 Filed 10-13-17; 8:45 am]
 BILLING CODE 6560-50-P


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