Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Update to Materials Incorporated by Reference, 27118-27120 [2017-12236]
Download as PDF
27118
Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Rules and Regulations
determination is available in the docket
where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T05–0357 to read as
follows:
■
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§ 165.T05–0357 Safety Zone; Potomac
River, Charles County, MD.
(a) Definitions. As used in this
section:
Captain of the Port MarylandNational Capital Region means the
Commander, U.S. Coast Guard Sector
Maryland-National Capital Region.
Designated representative means any
Coast Guard commissioned, warrant, or
petty officer who has been authorized
by the Captain of the Port MarylandNational Capital Region to assist in
enforcing the safety zone described in
paragraph (a) of this section.
(b) Location. The following area is a
safety zone: all waters of the Potomac
River, within 200 yards radius of a
fireworks barge in approximate position
latitude 38°23′45.2″ N., longitude
076°59′31.8″ W., located near Newburg,
MD. All coordinates refer to datum NAD
1983.
(c) Regulations. The general safety
zone regulations found in subpart C of
this part apply to the safety zone created
by this section.
(1) All persons are required to comply
with the general regulations governing
safety zones found in § 165.23.
(2) Entry into or remaining in this
zone is prohibited unless authorized by
the Coast Guard Captain of the Port
Maryland-National Capital Region. All
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vessels underway within this safety
zone at the time it is implemented are
to depart the zone.
(3) Persons desiring to enter or transit
through the safety zone must first obtain
authorization from the Captain of the
Port Maryland-National Capital Region
or designated representative. To request
permission to enter or transit the area,
the Captain of the Port MarylandNational Capital Region or designated
representatives can be contacted at
telephone number 410–576–2693 or on
Marine Band Radio VHF–FM channel
16 (156.8 MHz). The Coast Guard
vessels enforcing this section can be
contacted on Marine Band Radio VHF–
FM channel 16 (156.8 MHz). Upon
being hailed by a U.S. Coast Guard
vessel, or other Federal, State, or local
agency vessel, by siren, radio, flashing
light, or other means, the operator of a
vessel shall proceed as directed. If
permission is granted, all persons and
vessels must comply with the
instructions of the Captain of the Port
Maryland-National Capital Region or
designated representative and proceed
as directed while within the zone.
(4) Enforcement officials. The U.S.
Coast Guard may be assisted in the
patrol and enforcement of the zone by
Federal, State, and local agencies.
(d) Enforcement period. This section
will be enforced from 8:30 p.m. through
10 p.m. on June 17, 2017, and if
necessary due to inclement weather,
from 8:30 p.m. through 10 p.m. on June
24, 2017.
Dated: June 9, 2017.
L.P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2017–12285 Filed 6–13–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[WV105–6043; FRL–9961–19–Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Update to Materials
Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; administrative
change.
AGENCY:
The Environmental Protection
Agency (EPA) is updating the materials
that are incorporated by reference (IBR)
into the West Virginia state
implementation plan (SIP). The
SUMMARY:
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regulations affected by this update have
been previously submitted by the West
Virginia Department of Environmental
Protection (WV DEP) and approved by
EPA. This update affects the SIP
materials that are available for public
inspection at the National Archives and
Records Administration (NARA) and the
EPA Regional Office.
DATES: This action is effective June 14,
2017.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103; or
the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html.
FOR FURTHER INFORMATION CONTACT:
Sheila K. Martinez, (215) 814–2035 or
by email at martinez.sheila@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The SIP is a living document which
a state revises as necessary to address its
unique air pollution problems.
Therefore, EPA, from time to time, must
take action on SIP revisions containing
new and/or revised regulations as being
part of the SIP. On May 22, 1997 (62 FR
27968), EPA revised the procedures for
incorporating by reference federallyapproved SIPs, as a result of
consultations between EPA and the
Office of the Federal Register (OFR). The
description of the revised SIP
document, IBR procedures and
‘‘Identification of plan’’ format are
discussed in further detail in the May
22, 1997 Federal Register document. On
February 10, 2005 (70 FR 7024), EPA
published a Federal Register document
beginning the new IBR procedure for
West Virginia. On February 28, 2007 (72
FR 8903), February 10, 2009 (74 FR
6542), December 28, 2010 (75 FR 81474)
and July 25, 2013 (78 FR 44884), EPA
published updates to the IBR material
for West Virginia.
Since the publication of the last IBR
update, EPA has approved into the SIP
the following regulatory changes to the
following West Virginia regulations:
A. Added Regulations
1. EPA-Approved Regulations and
Statutes 6B–1–3 (West Virginia Code
6B-Ethics Standards and Financial
Disclosure), sections 6B–1–3, 6B–2–6
and 6B–2–7.
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B. Revised Regulations
1. 45 CSR 8 (Ambient Air Quality
Standards), sections 45–8–1 through 45–
8–4.
2. 45 CSR 13 (Permits for
Construction, Modification, Relocation
and Operation of Stationary Sources of
Air Pollutants, Notification
Requirements, Temporary Permits,
General Permits, and Procedures for
Evaluation), section 45–13–1 through
45–13B.
3. 45 CSR 14 (Permits for
Construction and Major Modification of
Major Stationary Sources of Air
Pollution for the Prevention of
Significant Deterioration), section 45–
14–1 through 45–14–26.
4. 45 CSR 19 (Permits for
Construction and Major Modification of
Major Stationary Sources of Air
Pollution which Cause or Contribute to
Nonattainment), section 45–19–1
through 45–19B.
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C. Removed Regulations
1. 45 CSR 8, sections 45–8–5 through
45–8–7.
II. EPA Action
In this action, EPA is announcing the
update to the IBR material as of July 1,
2016 and revising the text within 40
CFR 52.2520(b).
EPA is revising our 40 CFR part 52
‘‘Identification of Plan’’ for the State of
West Virginia regarding incorporation
by reference, § 52.2520(b). EPA is
revising § 52.2520(b)(1) to clarify that all
SIP revisions listed in paragraphs (c)
and (d), regardless of inclusion in the
most recent ‘‘update to the SIP
compilation,’’ are fully federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking in which EPA
approved the SIP revision, consistent
with following our ‘‘Approval and
Promulgations of Air Quality
Implementation Plans; Revised Format
of 40 CFR part 52 for Materials Being
Incorporated by Reference,’’ effective
May 22, 1997 (62 FR 27968). EPA is
revising § 52.2520(b)(2) to clarify
references to other portions of paragraph
(b) with paragraph (b)(2). EPA is
revising paragraph (b)(3) to update
address and contact information.
EPA is also revising entries at 40 CFR
52.2520(c) in the ‘‘State Citation’’
column for Regulation 45 CSR 8
(Ambient Air Quality Standards) to read
‘‘Section 45–8–1,’’ ‘‘Section 45–8–2,’’
‘‘Section 45–8–3,’’ and ‘‘Section 45–8–
4.’’
III. Good Cause Exemption
EPA has determined that this rule
falls under the ‘‘good cause’’ exemption
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in section 553(b)(3)(B) of the
Administrative Procedures Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation and section
553(d)(3) which allows an agency to
make a rule effective immediately
(thereby avoiding the 30-day delayed
effective date otherwise provided for in
the APA). This rule simply codifies
provisions which are already in effect as
a matter of law in federal and approved
state programs. Under section 553 of the
APA, an agency may find good cause
where procedures are ‘‘impractical,
unnecessary, or contrary to the public
interest.’’ Public comment is
‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the codification
only reflects existing law. Immediate
notice in the CFR benefits the public by
removing outdated citations and
incorrect table entries.
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 incorporation
by reference of previously EPA
approved regulations promulgated by
the State of West Virginia and federally
effective prior to July 1, 2016. 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 to the SIP compilation.1
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).
V. Statutory and Executive Order
Reviews
A. General Requirements
Under the Clean Air Act (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
1 62
PO 00000
FR 27968 (May 22, 1997).
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27119
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
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
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Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Rules and Regulations
report containing this rule 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. This rule is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority for citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
C. Petitions for Judicial Review
EPA has also determined that the
provisions of section 307(b)(1) of the
CAA pertaining to petitions for judicial
review are not applicable to this action.
Prior EPA rulemaking actions for each
individual component of the West
Virginia SIP compilations had
previously afforded interested parties
the opportunity to file a petition for
judicial review in the United States
Court of Appeals for the appropriate
circuit within 60 days of such
rulemaking action. Thus, EPA sees no
need in this action to reopen the 60-day
period for filing such petitions for
judicial review for this ‘‘Identification of
plan’’ update action for West Virginia.
Subpart XX—West Virginia
2. Section 52.2520 is amended by:
a. Revising paragraph (b); and
b. In paragraph (c), in the table titled
‘‘EPA-Approved Regulations in the West
Virginia SIP’’:
■ i. Revising the entries under ‘‘[45 CSR]
Series 8 Ambient Air Quality
Standards’’; and
■ ii. Removing the entries for sections
45–19–6, 45–19–10, 45–19–11, 45–19–
20, 45–19–21, and 45–19–22 under ‘‘[45
CSR] Series 19 Permits for Construction
and Major Modification of Major
Stationary Sources of Air Pollution
which Cause or Contribute to
Nonattainment’’.
The revisions reads as follows:
■
■
■
§ 52.2520
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Identification of plan.
*
Dated: March 21, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
*
*
*
*
(b) Incorporation by reference. (1)
Material listed in paragraphs (c) and (d)
of this section with an EPA approval
date prior to July 1, 2016, was approved
for incorporation by reference by the
Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. Entries in paragraphs (c)
and (d) of this section with the EPA
approval dates after July 1, 2016 for the
State of West Virginia have been
approved by EPA for inclusion in the
State implementation plan and for
incorporation by reference into the plan
as it is contained in this section, and
will be considered by the Director of the
Federal Register for approval in the next
update to the SIP compilation.
(2) EPA Region III certifies that the
materials provided by EPA at the
addresses in paragraph (b)(3) of this
section are an exact duplicate of the
officially promulgated state rules/
regulations which have been approved
as part of the state implementation plan
as of the dates referenced in paragraph
(b)(1) of this section. No additional
revisions were made to paragraph (d) of
this section between April 1, 2013 and
July 1, 2016.
(3) Copies of the materials
incorporated by reference into the state
implementation plan may be inspected
at the Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. To
obtain the material, please call the
Regional Office at (215) 814–3376. You
may also inspect the material with an
EPA approval date prior to July 1, 2016
for the State of West Virginia at the
National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, go to: https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
(c) * * *
EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP
State citation
[chapter 16–20 or 45 CSR]
*
Title/subject
*
State effective
date
*
*
Additional explanation/
citation at 40 CFR 52.2565
EPA approval date
*
*
*
[45 CSR] Series 8 Ambient Air Quality Standards
Section 45–8–1 .......................
General ..................................
6/1/14
9/22/14, 79 FR 56514 ............
Section 45–8–2 .......................
Section 45–8–3 .......................
Section 45–8–4 .......................
Definitions ..............................
Adoption of Standards ...........
Inconsistency Between Rules
6/1/14
6/1/14
6/1/14
9/22/14, 79 FR 56514.
9/22/14, 79 FR 56514 ............
9/22/14, 79 FR 56514.
*
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*
*
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
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Effective date is revised.
*
[FR Doc. 2017–12236 Filed 6–13–17; 8:45 am]
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Filing and effective dates are
revised.
14JNR1
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Agencies
[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Rules and Regulations]
[Pages 27118-27120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12236]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WV105-6043; FRL-9961-19-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Update to Materials Incorporated by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; administrative change.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is updating the
materials that are incorporated by reference (IBR) into the West
Virginia state implementation plan (SIP). The regulations affected by
this update have been previously submitted by the West Virginia
Department of Environmental Protection (WV DEP) and approved by EPA.
This update affects the SIP materials that are available for public
inspection at the National Archives and Records Administration (NARA)
and the EPA Regional Office.
DATES: This action is effective June 14, 2017.
ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; or the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
FOR FURTHER INFORMATION CONTACT: Sheila K. Martinez, (215) 814-2035 or
by email at martinez.sheila@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The SIP is a living document which a state revises as necessary to
address its unique air pollution problems. Therefore, EPA, from time to
time, must take action on SIP revisions containing new and/or revised
regulations as being part of the SIP. On May 22, 1997 (62 FR 27968),
EPA revised the procedures for incorporating by reference federally-
approved SIPs, as a result of consultations between EPA and the Office
of the Federal Register (OFR). The description of the revised SIP
document, IBR procedures and ``Identification of plan'' format are
discussed in further detail in the May 22, 1997 Federal Register
document. On February 10, 2005 (70 FR 7024), EPA published a Federal
Register document beginning the new IBR procedure for West Virginia. On
February 28, 2007 (72 FR 8903), February 10, 2009 (74 FR 6542),
December 28, 2010 (75 FR 81474) and July 25, 2013 (78 FR 44884), EPA
published updates to the IBR material for West Virginia.
Since the publication of the last IBR update, EPA has approved into
the SIP the following regulatory changes to the following West Virginia
regulations:
A. Added Regulations
1. EPA-Approved Regulations and Statutes 6B-1-3 (West Virginia Code
6B-Ethics Standards and Financial Disclosure), sections 6B-1-3, 6B-2-6
and 6B-2-7.
[[Page 27119]]
B. Revised Regulations
1. 45 CSR 8 (Ambient Air Quality Standards), sections 45-8-1
through 45-8-4.
2. 45 CSR 13 (Permits for Construction, Modification, Relocation
and Operation of Stationary Sources of Air Pollutants, Notification
Requirements, Temporary Permits, General Permits, and Procedures for
Evaluation), section 45-13-1 through 45-13B.
3. 45 CSR 14 (Permits for Construction and Major Modification of
Major Stationary Sources of Air Pollution for the Prevention of
Significant Deterioration), section 45-14-1 through 45-14-26.
4. 45 CSR 19 (Permits for Construction and Major Modification of
Major Stationary Sources of Air Pollution which Cause or Contribute to
Nonattainment), section 45-19-1 through 45-19B.
C. Removed Regulations
1. 45 CSR 8, sections 45-8-5 through 45-8-7.
II. EPA Action
In this action, EPA is announcing the update to the IBR material as
of July 1, 2016 and revising the text within 40 CFR 52.2520(b).
EPA is revising our 40 CFR part 52 ``Identification of Plan'' for
the State of West Virginia regarding incorporation by reference, Sec.
52.2520(b). EPA is revising Sec. 52.2520(b)(1) to clarify that all SIP
revisions listed in paragraphs (c) and (d), regardless of inclusion in
the most recent ``update to the SIP compilation,'' are fully federally
enforceable under sections 110 and 113 of the CAA as of the effective
date of the final rulemaking in which EPA approved the SIP revision,
consistent with following our ``Approval and Promulgations of Air
Quality Implementation Plans; Revised Format of 40 CFR part 52 for
Materials Being Incorporated by Reference,'' effective May 22, 1997 (62
FR 27968). EPA is revising Sec. 52.2520(b)(2) to clarify references to
other portions of paragraph (b) with paragraph (b)(2). EPA is revising
paragraph (b)(3) to update address and contact information.
EPA is also revising entries at 40 CFR 52.2520(c) in the ``State
Citation'' column for Regulation 45 CSR 8 (Ambient Air Quality
Standards) to read ``Section 45-8-1,'' ``Section 45-8-2,'' ``Section
45-8-3,'' and ``Section 45-8-4.''
III. Good Cause Exemption
EPA has determined that this rule falls under the ``good cause''
exemption in section 553(b)(3)(B) of the Administrative Procedures Act
(APA) which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation and section 553(d)(3) which allows
an agency to make a rule effective immediately (thereby avoiding the
30-day delayed effective date otherwise provided for in the APA). This
rule simply codifies provisions which are already in effect as a matter
of law in federal and approved state programs. Under section 553 of the
APA, an agency may find good cause where procedures are ``impractical,
unnecessary, or contrary to the public interest.'' Public comment is
``unnecessary'' and ``contrary to the public interest'' since the
codification only reflects existing law. Immediate notice in the CFR
benefits the public by removing outdated citations and incorrect table
entries.
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 incorporation by reference of previously
EPA approved regulations promulgated by the State of West Virginia and
federally effective prior to July 1, 2016. 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 to the SIP compilation.\1\ 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).
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act (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 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
[[Page 27120]]
report containing this rule 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. This rule is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
EPA has also determined that the provisions of section 307(b)(1) of
the CAA pertaining to petitions for judicial review are not applicable
to this action. Prior EPA rulemaking actions for each individual
component of the West Virginia SIP compilations had previously afforded
interested parties the opportunity to file a petition for judicial
review in the United States Court of Appeals for the appropriate
circuit within 60 days of such rulemaking action. Thus, EPA sees no
need in this action to reopen the 60-day period for filing such
petitions for judicial review for this ``Identification of plan''
update action for West Virginia.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 21, 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 for citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart XX--West Virginia
0
2. Section 52.2520 is amended by:
0
a. Revising paragraph (b); and
0
b. In paragraph (c), in the table titled ``EPA-Approved Regulations in
the West Virginia SIP'':
0
i. Revising the entries under ``[45 CSR] Series 8 Ambient Air Quality
Standards''; and
0
ii. Removing the entries for sections 45-19-6, 45-19-10, 45-19-11, 45-
19-20, 45-19-21, and 45-19-22 under ``[45 CSR] Series 19 Permits for
Construction and Major Modification of Major Stationary Sources of Air
Pollution which Cause or Contribute to Nonattainment''.
The revisions reads as follows:
Sec. 52.2520 Identification of plan.
* * * * *
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to July 1,
2016, was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Entries in paragraphs (c) and (d) of this section with the EPA
approval dates after July 1, 2016 for the State of West Virginia have
been approved by EPA for inclusion in the State implementation plan and
for incorporation by reference into the plan as it is contained in this
section, and will be considered by the Director of the Federal Register
for approval in the next update to the SIP compilation.
(2) EPA Region III certifies that the materials provided by EPA at
the addresses in paragraph (b)(3) of this section are an exact
duplicate of the officially promulgated state rules/regulations which
have been approved as part of the state implementation plan as of the
dates referenced in paragraph (b)(1) of this section. No additional
revisions were made to paragraph (d) of this section between April 1,
2013 and July 1, 2016.
(3) Copies of the materials incorporated by reference into the
state implementation plan may be inspected at the Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. To obtain the material, please call the Regional
Office at (215) 814-3376. You may also inspect the material with an EPA
approval date prior to July 1, 2016 for the State of West Virginia at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
(c) * * *
EPA-Approved Regulations in the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
Additional
State citation [chapter 16-20 or State effective explanation/
45 CSR] Title/subject date EPA approval date citation at 40 CFR
52.2565
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[45 CSR] Series 8 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Section 45-8-1.................. General............ 6/1/14 9/22/14, 79 FR Filing and
56514. effective dates
are revised.
Section 45-8-2.................. Definitions........ 6/1/14 9/22/14, 79 FR
56514.
Section 45-8-3.................. Adoption of 6/1/14 9/22/14, 79 FR Effective date is
Standards. 56514. revised.
Section 45-8-4.................. Inconsistency 6/1/14 9/22/14, 79 FR
Between Rules. 56514.
* * * * * * *
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* * * * *
[FR Doc. 2017-12236 Filed 6-13-17; 8:45 am]
BILLING CODE 6560-50-P