Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Clean Air Interstate Rule, 52289-52293 [E7-17874]
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 97
[EPA–R03–OAR–2007–0448; FRL–8465–6]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Clean Air Interstate Rule
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
SUMMARY: EPA is taking direct final
action to approve a revision to the West
Virginia State Implementation Plan
(SIP) submitted on June 8, 2007. This
revision incorporates provisions related
to the implementation of EPA’s Clean
Air Interstate Rule (CAIR), promulgated
on May 12, 2005 and subsequently
revised on April 28, 2006 and December
13, 2006, and the CAIR Federal
Implementation Plan (CAIR FIP)
concerning sulfur dioxide (SO2),
nitrogen oxides (NOX) annual, and NOX
ozone season emissions for the State of
West Virginia, promulgated on April 28,
2006 and subsequently revised on
December 13, 2006. In this direct final
action, EPA is not making any changes
to the CAIR FIP, but is amending the
appropriate appendices in the CAIR FIP
trading rules simply to note that
approval. In accordance with the Clean
Air Act, EPA is approving this West
Virginia SIP revision as an abbreviated
SIP revision which addresses the
methodology to be used to allocate
annual and ozone season NOX
allowances under the CAIR FIPs.
DATES: This rule is effective on
November 13, 2007 without further
notice, unless EPA receives adverse
written comment by October 15, 2007.
If EPA receives such comments, it will
publish a timely withdrawal of the
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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 Number EPA–
R03–OAR–2007–0448 by one of the
following methods:
A. Follow the on-line instructions for
submitting comments.
B. E-mail: powers.marilyn@epa.gov.
C. Mail: EPA–R03–OAR–2007–0448,
Marilyn Powers, Acting Chief, Air
Quality Planning Branch, Mailcode
3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2007–
0448. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
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52289
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the West Virginia
Department of Environmental
Protection, Division of Air Quality, 601
57th Street SE., Charleston, West
Virginia 25304.
FOR FURTHER INFORMATION CONTACT:
Marilyn Powers, (215) 814–2308 or by
e-mail at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Action is EPA Taking?
II. What is the Regulatory History of CAIR
and the CAIR FIPs?
III. What are the General Requirements of
CAIR and the CAIR FIPs?
IV. What is an Abbreviated CAIR SIP
Revision?
V. Analysis of West Virginia’s Abbreviated
CAIR SIP Submittal
VI. Final Action
VII. Statutory and Executive Order Reviews
I. What Action is EPA Taking?
EPA is approving a revision to West
Virginia’s SIP, submitted on June 8,
2007 that will modify the application of
certain provisions of the CAIR FIP
concerning SO2, NOX annual and NOX
ozone season emissions. As discussed
below, this less comprehensive CAIR
SIP is termed an abbreviated SIP. West
Virginia is subject to the CAIR FIPs that
implement the CAIR requirements by
requiring certain EGUs to participate in
the EPA-administered Federal CAIR
SO2, NOX annual, and NOX ozone
season cap-and-trade programs.
The West Virginia SIP revision
provides a methodology for allocating
NOX allowances for the NOX annual and
NOX ozone season trading programs.
The CAIR FIPs provide that this
methodology, if approved as EPA is
proposing, will be used to allocate NOX
allowances to sources in West Virginia,
instead of the federal allocation
methodology otherwise provided in the
FIP. EPA is not proposing to make any
changes to the CAIR FIP, but is
proposing, to the extent EPA approves
West Virginia’s SIP revision, to amend
the appropriate appendices in the CAIR
FIP trading rules simply to note that
approval.
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II. What is the Regulatory History of
CAIR and the CAIR FIPs?
CAIR was published by EPA on May
12, 2005 (70 FR 25162). In this rule,
EPA determined that 28 States and the
District of Columbia contribute
significantly to nonattainment and/or
interfere with maintenance of the
national ambient air quality standards
(NAAQS) for fine particles (PM2.5) and/
or 8-hour ozone in downwind States in
the eastern part of the country. As a
result, EPA required those upwind
States to revise their SIPs to include
control measures that reduce emissions
of SO2, which is a precursor to PM2.5
formation, and/or NOX, which is a
precursor to both ozone and PM2.5
formation. For jurisdictions that
contribute significantly to downwind
PM2.5 nonattainment, CAIR sets annual
State-wide emission reduction
requirements (i.e., budgets) for SO2 and
annual State-wide emission reduction
requirements for NOX. Similarly, for
jurisdictions that contribute
significantly to 8-hour ozone
nonattainment, CAIR sets State-wide
emission reduction requirements for
NOX for the ozone season (May 1 to
September 30). Under CAIR, States may
implement these emission budgets by
participating in the EPA-administered
cap-and-trade programs or by adopting
control measures.
Section 110(a)(2)(D) of the Clean Air
Act requires that States prohibit
emissions that contribute significantly
to nonattainment of, or interfere with,
maintenance of the NAAQS in
downwind States. CAIR explains to
subject States what must be included in
SIPs to address the requirements of
section 110(a)(2)(D) of the Clean Air Act
with regard to interstate transport with
respect to the 8-hour ozone and PM2.5
NAAQS. EPA made national findings,
effective May 25, 2005, that the States
had failed to submit SIPs meeting the
requirements of section 110(a)(2)(D).
The SIPs were due in July 2000, 3
years after the promulgation of the 8hour ozone and PM2.5 NAAQS. These
findings started a 2-year clock for EPA
to promulgate a Federal Implementation
Plan (FIP) to address the requirements
of section 110(a)(2)(D). Under Clean Air
Act section 110(c)(1), EPA may issue a
FIP anytime after such findings are
made and must do so within two years
unless a SIP revision correcting the
deficiency is approved by EPA before
the FIP is promulgated.
On April 28, 2006, EPA promulgated
FIPs for all States covered by CAIR in
order to ensure the emissions reductions
required by CAIR are achieved on
schedule. Each CAIR State is subject to
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the FIPs until the State fully adopts, and
EPA approves, a SIP revision meeting
the requirements of CAIR. The CAIR
FIPs require certain EGUs to participate
in the EPA-administered CAIR SO2,
NOX annual, and NOX ozone-season
model trading programs, as appropriate.
The CAIR FIP SO2, NOX annual, and
NOX ozone season trading programs
impose essentially the same
requirements as, and are integrated
with, the respective CAIR SIP trading
programs. The integration of the CAIR
FIP and SIP trading programs means
that these trading programs will work
together to create effectively a single
trading program for each regulated
pollutant (SO2, NOX annual, and NOX
ozone season) in all States covered by
CAIR FIP or SIP trading program for that
pollutant. The CAIR FIPs also allow
States to submit abbreviated SIP
revisions that, if approved by EPA, will
automatically replace or supplement the
corresponding CAIR FIP provisions
(e.g., the methodology for allocating
NOX allowances to sources in the state),
while the CAIR FIP remains in place for
all other provisions. The CAIR FIP
trading rules include appendices in
which EPA intends to list each State for
which EPA approves an abbreviated SIP
revision. The appendices will indicate
which provisions of the CAIR FIP are
automatically replaced or supplemented
by each approved, abbreviated SIP.
On April 28, 2006, EPA published
two CAIR-related final rules that added
the States of Delaware and New Jersey
to the list of States subject to CAIR for
PM2.5 and announced EPA’s final
decisions on reconsideration of five
issues without making any substantive
changes to the CAIR requirements.
III. What are the General Requirements
of CAIR and the CAIR FIPs?
CAIR establishes State-wide emission
budgets for SO2 and NOX and is to be
implemented in two phases. The first
phase of NOX reductions starts in 2009
and continues through 2014, while the
first phase of SO2 reductions starts in
2010 and continues through 2014. The
second phase of reductions for both
NOX and SO2 starts in 2015 and
continues thereafter. CAIR requires
States to implement the budgets by
either: (1) Requiring EGUs to participate
in the EPA-administered cap-and-trade
programs or, (2) adopting other control
measures of the State’s choosing and
demonstrating that such control
measures will result in compliance with
the applicable State SO2 and NOX
budgets.
The May 12, 2005 and April 28, 2006
CAIR rules provide model rules that
States must adopt (with certain limited
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changes, if desired) if they want to
participate in the EPA-administered
trading programs. With two exceptions,
only States that choose to meet the
requirements of CAIR through methods
that exclusively regulate EGUs are
allowed to participate in the EPAadministered trading programs. One
exception is for States that adopt the
opt-in provisions of the model rules to
allow non-EGUs individually to opt into
the EPA-administered trading programs.
The other exception is for States that
include all non-EGUs from their NOX
SIP Call 1 trading programs in their
CAIR NOX ozone season trading
programs.
IV. What is an Abbreviated CAIR SIP
Revision?
States have the flexibility to choose
the type of control measures they will
use to meet the requirements of CAIR.
EPA anticipates that most States will
choose to meet the CAIR requirements
by selecting an option that requires
EGUs to participate in the EPAadministered CAIR cap-and-trade
programs. For such States, EPA has
provided two approaches for submitting
and obtaining approval for CAIR SIP
revisions. States may submit full SIP
revisions that adopt the model CAIR
cap-and-trade rules. If approved, these
SIP revisions will fully replace the CAIR
FIPs. Alternatively, States may submit
abbreviated SIP revisions. These SIP
revisions will not replace the CAIR FIPs;
however, the CAIR FIPs provide that,
when approved, the provisions in these
abbreviated SIP revisions will be used
instead of or in conjunction with, as
appropriate, the corresponding
provisions of the CAIR FIPs (e.g., the
NOX allowance allocation
methodology).
A State submitting an abbreviated SIP
revision may submit limited SIP
revisions to tailor the CAIR FIP cap-andtrade programs to the state submitting
the revision. Specifically, an
abbreviated SIP revision may establish
certain applicability and allowance
allocation provisions that, as the CAIR
FIPs provide, will be used instead of, or
in conjunction with, the corresponding
provisions in the CAIR FIP rules in that
State. Specifically, the abbreviated SIP
revisions may:
1. Include NOX SIP Call trading
sources that are not EGUs under CAIR
1 EPA promulgated the NO SIP Call on October
X
27, 1998 (63 FR 57356) to address transported
emissons of ozone in 22 States and the District of
Columbia that significantly contributed to
downwind nonattainment of the one-hour ozone
standard. The NOX SIP Call trading program
applied to large EGUs and large industrial units.
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in the CAIR FIP NOX ozone season
trading program;
2. Provide for allocation of NOX
annual or ozone season allowances by
the State, rather than the Administrator,
and using a methodology chosen by the
State;
3. Provide for allocation of NOX
annual allowances from the compliance
supplement pool (CSP) by the State,
rather than by the Administrator, and
using the State’s choice of allowed
alternative methodologies; or
4. Allow units that are not otherwise
CAIR units to opt individually into the
CAIR FIP cap-and-trade program under
the opt-in provisions in the CAIR FIP
rules.
With approval of an abbreviated SIP
revision, the CAIR FIP remains in place,
as tailored to sources in the State by that
approved SIP revision. Abbreviated SIP
revisions can be submitted in lieu of, or
as part of, CAIR full SIP revisions. States
may want to designate part of their full
SIP as an abbreviated SIP for EPA to act
on first when the timing of the State’s
submission might not provide EPA with
sufficient time to approve the full SIP
prior to the deadline for recording NOX
allocations. This will help ensure that
the elements of the trading programs
where flexibility is allowed are
implemented according to the State’s
decisions. Submission of an abbreviated
SIP revision does not preclude future
submission of a CAIR full SIP revision.
As discussed below, West Virginia is
requesting approval of only one of the
four provisions for which a State may
request an abbreviated SIP. The State is
requesting that its allocation of NOX
annual and NOX ozone season
allowances for EGUs under the CAIR
FIP be used instead of the
corresponding provisions of the CAIR
FIPs in effect in the State.
V. Analysis of West Virginia’s
Abbreviated CAIR SIP Submittal
On June 1, 2006, West Virginia
submitted a full SIP revision to meet the
requirements of CAIR as promulgated
on May 12, 2005. The SIP revision is
comprised of three regulations:
45CSR39, 45CSR40 and 45CSR41 for the
NOX annual trading program, the NOX
ozone season trading program, and the
SO2 annual trading program,
respectively. The regulations adopted
the part 96 model rules as set forth in
the May 12, 2005 rulemaking, but,
because revisions to part 96 were
finalized after the State had started its
rulemaking process, did not include the
changes to the model rules that were
made as part of the April 28, 2006 CAIR
FIP. Consistent with the provisions of
the CAIR FIP as discussed above, West
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Virginia submitted a letter on June 8,
2007, requesting that portions of its June
1, 2006 SIP revision be considered as an
abbreviated SIP revision. The June 8,
2007 letter designated the NOX
allocation methodology provisions
applicable to EGUs under the CAIR FIP
and originally submitted as part of its
June 1, 2006 CAIR SIP revision as
replacing the corresponding provisions
of the CAIR FIPs. Consistent with this
request, EPA is treating the following
provisions of West Virginia’s CAIR rules
an abbreviated SIP revision: sections
45–39–40, 45–39–41, and 45–39–42;
and sections 45–40–40, 45–40–41, and
45–40–42, except for paragraphs 40.3,
42.2.c, 42.2.d, 42.2.e, 42.3.a.2, and
42.4.b.
The NOX allowance allocation
methodology in these provisions of
West Virginia’s June 1, 2006 SIP
revision is consistent with the
methodology in part 96 and the FIP,
under which units that have operated
for five years will receive allowances,
based on heat input data from a threeyear period adjusted for fuel type by
using fuel factors of 1.0 for coal, 0.6 for
oil, and 0.4 for other fuels. Based on this
methodology, West Virginia determined
NOX allocations for EGUs in the State
under the CAIR FIP, and submitted its
allocations to EPA on October 30, 2006.
West Virginia’s abbreviated SIP
revision does not affect the CAIR
budgets, which are total amounts of
allowances available for allocation for
each year under the EPA-administered
cap-and-trade programs under the CAIR
FIPs. The abbreviated SIP revision only
affects allocations of allowances under
the established budgets. Information on
how the budgets were developed may be
found in the May 12, 2005 CAIR
rulemaking (70 FR 25162).
EPA is today taking action only on
this request for an abbreviated SIP
revision and not the full CAIR SIP
revision originally submitted, which
will be the subject of a separate
rulemaking action. In the June 8, 2007
letter, West Virginia states that it will
revise and promulgate its CAIR rules
45CSR39, 45CSR40, and 45CSR41 to
incorporate the revisions to part 96 and
indicates that it plans to submit an
amended CAIR SIP revision to EPA in
2008.
VI. Final Action
EPA is approving West Virginia’s
abbreviated CAIR SIP revision
submitted on June 8, 2007, as discussed
above. West Virginia is subject to the
CAIR FIPs, which require participation
in the EPA-administered SO2, NOX
annual, and NOX ozone season cap-andtrade programs. Under this abbreviated
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52291
SIP revision and, consistent with the
flexibility given to States in the FIPs,
West Virgnia has adopted provisions for
allocating allowances under the CAIR
FIP NOX annual and ozone season
trading programs. As provided for in the
CAIR FIPs, these provisions in the
abbreviated SIP revision will replace or
supplement the corresponding
provisions of the CAIR FIPs in West
Virginia. The abbreviated SIP revision
meets the applicable requirements in 40
CFR 51.123(p) and (ee), with regard to
NOX annual and NOX ozone season
emissions. In this final action, EPA is
not making any changes to the CAIR
FIP, but is amending the appropriate
appendices in the CAIR FIP trading
rules simply to note approval of West
Virginia’s abbreviated CAIR SIP.
EPA is publishing this rule without
prior proposal because the Agency
views this as a noncontroversial
amendment and anticipates no adverse
comment. However, in the ‘‘Proposed
Rules’’ section of today’s 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 November 13, 2007 without
further notice unless EPA receives
adverse comment by October 15, 2007.
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.
VII. Statutory and Executive Order
Reviews
A. General Requirements
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
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state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it 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). This rule also does not
have tribal implications because it will
not have a substantial direct effect on
one or more Indian tribes, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
Federal requirement, and does not alter
the relationship or the distribution of
power and responsibilities established
in the Clean Air Act. This rule also is
not subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it approves a State rule
implementing a Federal standard.
In reviewing SIP submissions, EPA’s
role is to approve State choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action to approve West
Virginia’s abbreviated CAIR SIP revision
may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
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 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).
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping
requirements.
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 13,
2007. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this rule for the purposes of judicial
review nor does it extend the time
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Nitrogen dioxide,
Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur
oxides.
40 CFR Part 97
Dated: August 30, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
40 CFR parts 52 and 97 are amended
as follows:
I
PART 52—[AMENDED]
1. The authority citation for 40 CFR
part 52 continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart XX—West Virginia
2. In § 52.2520, the table in paragraph
(c) is amended by adding entries for 45
CSR 39 and 40 at the end of the table.
The table in paragraph (e) is amended
by adding the entry for Article 3,
Chapter 64 of the Code of West Virginia
at the end of the table. The amendments
read as follows:
I
§ 52.2520
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP
State citation
[Chapter 16–20
or 45 CSR]
State
effective
date
Title/subject
*
[45 CSR] Series 39
*
*
*
*
*
*
Control of Annual Nitrogen Oxide Emissions to Mitigate Interstate Transport of Fine Particulate Matter and
Nitrogen Ozides
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Section 45–39–40 ....
CAIR NOX Annual Trading Budget ................
5/1/06
Section 45–39–41 ....
Timing Requirements for CAIR NOX Annual
Allowance Allocations.
5/1/06
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Additional explanation/
citation at 40 CFR
§ 52.2565
EPA approval date
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number where the
document begins].
9/13/07 [Insert page
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Only Phase I (2009–2014).
Only Phase I (2009–2014).
13SER1
Federal Register / Vol. 72, No. 177 / Thursday, September 13, 2007 / Rules and Regulations
52293
EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued
State citation
[Chapter 16–20
or 45 CSR]
Title/subject
Section 45–39–42 ....
CAIR NOX Annual Allowance Allocations .....
[45 CSR] Series 40
State
effective
date
5/1/06
9/13/07 [Insert page
number where the
document begins].
CAIR NOX Ozone Season Trading Budget ...
5/1/06
9/13/07 [Insert page
number where the
document begins].
Section 45–40–41 ....
Timing Requirements for CAIR NOX Ozone
Season Allowance Allocations.
5/1/06
Section 45–40–42 ....
CAIR NOX Ozone Season Allowance Allocations.
5/1/06
9/13/07 [Insert page
number where the
document begins].
9/13/07 [Insert page
number where the
document begins].
*
*
*
*
Applicable
geographic
area
*
*
*
Article 3, Chapter 64 of the Code of West Virginia,
1931.
*
Statewide .....
State
submittal
date
5/1/06
Additional explanation
*
*
9/13/07 [Insert page number where the document
begins].
*
Effective date of March 11,
2006.
DEPARTMENT OF DEFENSE
I
3. The authority citation for 40 CFR
part 97 continues to read as follows:
Defense Acquisition Regulations
System
Authority: 42 U.S.C. 7401, 7403, 7410,
7426, 7601, and 7651, et seq.
48 CFR Parts 211, 245, and 252
RIN 0750–AF24
4. Appendix A to Subpart EE is
amended by adding the entry for ‘‘West
Virginia’’ in alphabetical order under
paragraph 1 to read as follows:
I
Appendix A to Subpart EE of Part 97—States
With Approved State Implementation Plan
Revisions Concerning Allocations
1. * * *
West Virginia (for control periods 2009—
2014)
*
*
*
5. Appendix A to Subpart EEEE is
amended by adding the entry for West
Virginia in alphabetical order under
paragraph 1 to read as follows:
I
Appendix A to Subpart EEEE of Part 97—
States With Approved State Implementation
Plan Revisions Concerning Allocations
ebenthall on PRODPC61 with RULES
*
*
*
*
*
West Virginia (for control periods 2009—
2014)
*
*
*
*
*
[FR Doc. E7–17874 Filed 9–12–07; 8:45 am]
BILLING CODE 6560–50–P
VerDate Aug<31>2005
14:25 Sep 12, 2007
1. Except for subsections 42.2.d,
42.2.e, 42.3.a.2, and 42.4.b. 2.
Only Phase I (2009–2014).
EPA approval date
PART 97—[AMENDED]
*
1. Except for subsection 40.3,
and non-EGUs in subsection
40.1 table 2. Only Phase I
(2009–2014).
Only Phase I (2009–2014).
(e)* * *
Name of non-regulatory SIP revision
*
Only for Phase I (2009–2014).
Control of Ozone Season Nitrogen Oxide Emissions to Mitigate Interstate Transport of Ozone and Nitrogen Ozides
Section 45–40–40 ....
*
Additional explanation/
citation at 40 CFR
§ 52.2565
EPA approval date
Jkt 211001
Defense Federal Acquisition
Regulation Supplement; Reports of
Government Property (DFARS Case
2005–D015)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule with request for
comments.
AGENCY:
SUMMARY: DoD has issued an interim
rule amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to revise requirements for
reporting of Government property in the
possession of DoD contractors. The rule
replaces existing DD Form 1662
reporting requirements with
requirements for DoD contractors to
electronically submit, to the Item
Unique Identification (IUID) Registry,
the IUID data applicable to the
Government property in the contractor’s
possession. This will result in more
efficient and accurate reporting of
PO 00000
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Government property in the possession
of contractors.
DATES: Effective date: September 13,
2007.
Comment date: Comments on the
interim rule should be submitted to the
address shown below on or before
November 13, 2007, to be considered in
the formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2005–D015,
using any of the following methods:
Æ Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Æ E-mail: dfars@osd.mil. Include
DFARS Case 2005–D015 in the subject
line of the message.
Æ Fax: (703) 602–7887.
Æ Mail: Defense Acquisition
Regulations System, Attn: Mr. Michael
Benavides, OUSD (AT&L) DPAP
(DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301–3062.
Æ Hand Delivery/Courier: Defense
Acquisition Regulations System, Crystal
Square 4, Suite 200A, 241 18th Street,
Arlington, VA 22202–3402.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
E:\FR\FM\13SER1.SGM
13SER1
Agencies
[Federal Register Volume 72, Number 177 (Thursday, September 13, 2007)]
[Rules and Regulations]
[Pages 52289-52293]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17874]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 97
[EPA-R03-OAR-2007-0448; FRL-8465-6]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Clean Air Interstate Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve a revision to the
West Virginia State Implementation Plan (SIP) submitted on June 8,
2007. This revision incorporates provisions related to the
implementation of EPA's Clean Air Interstate Rule (CAIR), promulgated
on May 12, 2005 and subsequently revised on April 28, 2006 and December
13, 2006, and the CAIR Federal Implementation Plan (CAIR FIP)
concerning sulfur dioxide (SO2), nitrogen oxides
(NOX) annual, and NOX ozone season emissions for
the State of West Virginia, promulgated on April 28, 2006 and
subsequently revised on December 13, 2006. In this direct final action,
EPA is not making any changes to the CAIR FIP, but is amending the
appropriate appendices in the CAIR FIP trading rules simply to note
that approval. In accordance with the Clean Air Act, EPA is approving
this West Virginia SIP revision as an abbreviated SIP revision which
addresses the methodology to be used to allocate annual and ozone
season NOX allowances under the CAIR FIPs.
DATES: This rule is effective on November 13, 2007 without further
notice, unless EPA receives adverse written comment by October 15,
2007. 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 Number EPA-
R03-OAR-2007-0448 by one of the following methods:
A. Follow the on-line instructions for submitting comments.
B. E-mail: powers.marilyn@epa.gov.
C. Mail: EPA-R03-OAR-2007-0448, Marilyn Powers, Acting Chief, Air
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2007-0448. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://
www.regulations.gov or e-mail. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the West Virginia Department of Environmental
Protection, Division of Air Quality, 601 57th Street SE., Charleston,
West Virginia 25304.
FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308 or by
e-mail at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Action is EPA Taking?
II. What is the Regulatory History of CAIR and the CAIR FIPs?
III. What are the General Requirements of CAIR and the CAIR FIPs?
IV. What is an Abbreviated CAIR SIP Revision?
V. Analysis of West Virginia's Abbreviated CAIR SIP Submittal
VI. Final Action
VII. Statutory and Executive Order Reviews
I. What Action is EPA Taking?
EPA is approving a revision to West Virginia's SIP, submitted on
June 8, 2007 that will modify the application of certain provisions of
the CAIR FIP concerning SO2, NOX annual and
NOX ozone season emissions. As discussed below, this less
comprehensive CAIR SIP is termed an abbreviated SIP. West Virginia is
subject to the CAIR FIPs that implement the CAIR requirements by
requiring certain EGUs to participate in the EPA-administered Federal
CAIR SO2, NOX annual, and NOX ozone
season cap-and-trade programs.
The West Virginia SIP revision provides a methodology for
allocating NOX allowances for the NOX annual and
NOX ozone season trading programs. The CAIR FIPs provide
that this methodology, if approved as EPA is proposing, will be used to
allocate NOX allowances to sources in West Virginia, instead
of the federal allocation methodology otherwise provided in the FIP.
EPA is not proposing to make any changes to the CAIR FIP, but is
proposing, to the extent EPA approves West Virginia's SIP revision, to
amend the appropriate appendices in the CAIR FIP trading rules simply
to note that approval.
[[Page 52290]]
II. What is the Regulatory History of CAIR and the CAIR FIPs?
CAIR was published by EPA on May 12, 2005 (70 FR 25162). In this
rule, EPA determined that 28 States and the District of Columbia
contribute significantly to nonattainment and/or interfere with
maintenance of the national ambient air quality standards (NAAQS) for
fine particles (PM2.5) and/or 8-hour ozone in downwind
States in the eastern part of the country. As a result, EPA required
those upwind States to revise their SIPs to include control measures
that reduce emissions of SO2, which is a precursor to
PM2.5 formation, and/or NOX, which is a precursor
to both ozone and PM2.5 formation. For jurisdictions that
contribute significantly to downwind PM2.5 nonattainment,
CAIR sets annual State-wide emission reduction requirements (i.e.,
budgets) for SO2 and annual State-wide emission reduction
requirements for NOX. Similarly, for jurisdictions that
contribute significantly to 8-hour ozone nonattainment, CAIR sets
State-wide emission reduction requirements for NOX for the
ozone season (May 1 to September 30). Under CAIR, States may implement
these emission budgets by participating in the EPA-administered cap-
and-trade programs or by adopting control measures.
Section 110(a)(2)(D) of the Clean Air Act requires that States
prohibit emissions that contribute significantly to nonattainment of,
or interfere with, maintenance of the NAAQS in downwind States. CAIR
explains to subject States what must be included in SIPs to address the
requirements of section 110(a)(2)(D) of the Clean Air Act with regard
to interstate transport with respect to the 8-hour ozone and
PM2.5 NAAQS. EPA made national findings, effective May 25,
2005, that the States had failed to submit SIPs meeting the
requirements of section 110(a)(2)(D).
The SIPs were due in July 2000, 3 years after the promulgation of
the 8-hour ozone and PM2.5 NAAQS. These findings started a
2-year clock for EPA to promulgate a Federal Implementation Plan (FIP)
to address the requirements of section 110(a)(2)(D). Under Clean Air
Act section 110(c)(1), EPA may issue a FIP anytime after such findings
are made and must do so within two years unless a SIP revision
correcting the deficiency is approved by EPA before the FIP is
promulgated.
On April 28, 2006, EPA promulgated FIPs for all States covered by
CAIR in order to ensure the emissions reductions required by CAIR are
achieved on schedule. Each CAIR State is subject to the FIPs until the
State fully adopts, and EPA approves, a SIP revision meeting the
requirements of CAIR. The CAIR FIPs require certain EGUs to participate
in the EPA-administered CAIR SO2, NOX annual, and
NOX ozone-season model trading programs, as appropriate. The
CAIR FIP SO2, NOX annual, and NOX
ozone season trading programs impose essentially the same requirements
as, and are integrated with, the respective CAIR SIP trading programs.
The integration of the CAIR FIP and SIP trading programs means that
these trading programs will work together to create effectively a
single trading program for each regulated pollutant (SO2,
NOX annual, and NOX ozone season) in all States
covered by CAIR FIP or SIP trading program for that pollutant. The CAIR
FIPs also allow States to submit abbreviated SIP revisions that, if
approved by EPA, will automatically replace or supplement the
corresponding CAIR FIP provisions (e.g., the methodology for allocating
NOX allowances to sources in the state), while the CAIR FIP
remains in place for all other provisions. The CAIR FIP trading rules
include appendices in which EPA intends to list each State for which
EPA approves an abbreviated SIP revision. The appendices will indicate
which provisions of the CAIR FIP are automatically replaced or
supplemented by each approved, abbreviated SIP.
On April 28, 2006, EPA published two CAIR-related final rules that
added the States of Delaware and New Jersey to the list of States
subject to CAIR for PM2.5 and announced EPA's final
decisions on reconsideration of five issues without making any
substantive changes to the CAIR requirements.
III. What are the General Requirements of CAIR and the CAIR FIPs?
CAIR establishes State-wide emission budgets for SO2 and
NOX and is to be implemented in two phases. The first phase
of NOX reductions starts in 2009 and continues through 2014,
while the first phase of SO2 reductions starts in 2010 and
continues through 2014. The second phase of reductions for both
NOX and SO2 starts in 2015 and continues
thereafter. CAIR requires States to implement the budgets by either:
(1) Requiring EGUs to participate in the EPA-administered cap-and-trade
programs or, (2) adopting other control measures of the State's
choosing and demonstrating that such control measures will result in
compliance with the applicable State SO2 and NOX
budgets.
The May 12, 2005 and April 28, 2006 CAIR rules provide model rules
that States must adopt (with certain limited changes, if desired) if
they want to participate in the EPA-administered trading programs. With
two exceptions, only States that choose to meet the requirements of
CAIR through methods that exclusively regulate EGUs are allowed to
participate in the EPA-administered trading programs. One exception is
for States that adopt the opt-in provisions of the model rules to allow
non-EGUs individually to opt into the EPA-administered trading
programs. The other exception is for States that include all non-EGUs
from their NOX SIP Call \1\ trading programs in their CAIR
NOX ozone season trading programs.
---------------------------------------------------------------------------
\1\ EPA promulgated the NOX SIP Call on October 27,
1998 (63 FR 57356) to address transported emissons of ozone in 22
States and the District of Columbia that significantly contributed
to downwind nonattainment of the one-hour ozone standard. The
NOX SIP Call trading program applied to large EGUs and
large industrial units.
---------------------------------------------------------------------------
IV. What is an Abbreviated CAIR SIP Revision?
States have the flexibility to choose the type of control measures
they will use to meet the requirements of CAIR. EPA anticipates that
most States will choose to meet the CAIR requirements by selecting an
option that requires EGUs to participate in the EPA-administered CAIR
cap-and-trade programs. For such States, EPA has provided two
approaches for submitting and obtaining approval for CAIR SIP
revisions. States may submit full SIP revisions that adopt the model
CAIR cap-and-trade rules. If approved, these SIP revisions will fully
replace the CAIR FIPs. Alternatively, States may submit abbreviated SIP
revisions. These SIP revisions will not replace the CAIR FIPs; however,
the CAIR FIPs provide that, when approved, the provisions in these
abbreviated SIP revisions will be used instead of or in conjunction
with, as appropriate, the corresponding provisions of the CAIR FIPs
(e.g., the NOX allowance allocation methodology).
A State submitting an abbreviated SIP revision may submit limited
SIP revisions to tailor the CAIR FIP cap-and-trade programs to the
state submitting the revision. Specifically, an abbreviated SIP
revision may establish certain applicability and allowance allocation
provisions that, as the CAIR FIPs provide, will be used instead of, or
in conjunction with, the corresponding provisions in the CAIR FIP rules
in that State. Specifically, the abbreviated SIP revisions may:
1. Include NOX SIP Call trading sources that are not
EGUs under CAIR
[[Page 52291]]
in the CAIR FIP NOX ozone season trading program;
2. Provide for allocation of NOX annual or ozone season
allowances by the State, rather than the Administrator, and using a
methodology chosen by the State;
3. Provide for allocation of NOX annual allowances from
the compliance supplement pool (CSP) by the State, rather than by the
Administrator, and using the State's choice of allowed alternative
methodologies; or
4. Allow units that are not otherwise CAIR units to opt
individually into the CAIR FIP cap-and-trade program under the opt-in
provisions in the CAIR FIP rules.
With approval of an abbreviated SIP revision, the CAIR FIP remains
in place, as tailored to sources in the State by that approved SIP
revision. Abbreviated SIP revisions can be submitted in lieu of, or as
part of, CAIR full SIP revisions. States may want to designate part of
their full SIP as an abbreviated SIP for EPA to act on first when the
timing of the State's submission might not provide EPA with sufficient
time to approve the full SIP prior to the deadline for recording
NOX allocations. This will help ensure that the elements of
the trading programs where flexibility is allowed are implemented
according to the State's decisions. Submission of an abbreviated SIP
revision does not preclude future submission of a CAIR full SIP
revision.
As discussed below, West Virginia is requesting approval of only
one of the four provisions for which a State may request an abbreviated
SIP. The State is requesting that its allocation of NOX
annual and NOX ozone season allowances for EGUs under the
CAIR FIP be used instead of the corresponding provisions of the CAIR
FIPs in effect in the State.
V. Analysis of West Virginia's Abbreviated CAIR SIP Submittal
On June 1, 2006, West Virginia submitted a full SIP revision to
meet the requirements of CAIR as promulgated on May 12, 2005. The SIP
revision is comprised of three regulations: 45CSR39, 45CSR40 and
45CSR41 for the NOX annual trading program, the
NOX ozone season trading program, and the SO2
annual trading program, respectively. The regulations adopted the part
96 model rules as set forth in the May 12, 2005 rulemaking, but,
because revisions to part 96 were finalized after the State had started
its rulemaking process, did not include the changes to the model rules
that were made as part of the April 28, 2006 CAIR FIP. Consistent with
the provisions of the CAIR FIP as discussed above, West Virginia
submitted a letter on June 8, 2007, requesting that portions of its
June 1, 2006 SIP revision be considered as an abbreviated SIP revision.
The June 8, 2007 letter designated the NOX allocation
methodology provisions applicable to EGUs under the CAIR FIP and
originally submitted as part of its June 1, 2006 CAIR SIP revision as
replacing the corresponding provisions of the CAIR FIPs. Consistent
with this request, EPA is treating the following provisions of West
Virginia's CAIR rules an abbreviated SIP revision: sections 45-39-40,
45-39-41, and 45-39-42; and sections 45-40-40, 45-40-41, and 45-40-42,
except for paragraphs 40.3, 42.2.c, 42.2.d, 42.2.e, 42.3.a.2, and
42.4.b.
The NOX allowance allocation methodology in these
provisions of West Virginia's June 1, 2006 SIP revision is consistent
with the methodology in part 96 and the FIP, under which units that
have operated for five years will receive allowances, based on heat
input data from a three-year period adjusted for fuel type by using
fuel factors of 1.0 for coal, 0.6 for oil, and 0.4 for other fuels.
Based on this methodology, West Virginia determined NOX
allocations for EGUs in the State under the CAIR FIP, and submitted its
allocations to EPA on October 30, 2006.
West Virginia's abbreviated SIP revision does not affect the CAIR
budgets, which are total amounts of allowances available for allocation
for each year under the EPA-administered cap-and-trade programs under
the CAIR FIPs. The abbreviated SIP revision only affects allocations of
allowances under the established budgets. Information on how the
budgets were developed may be found in the May 12, 2005 CAIR rulemaking
(70 FR 25162).
EPA is today taking action only on this request for an abbreviated
SIP revision and not the full CAIR SIP revision originally submitted,
which will be the subject of a separate rulemaking action. In the June
8, 2007 letter, West Virginia states that it will revise and promulgate
its CAIR rules 45CSR39, 45CSR40, and 45CSR41 to incorporate the
revisions to part 96 and indicates that it plans to submit an amended
CAIR SIP revision to EPA in 2008.
VI. Final Action
EPA is approving West Virginia's abbreviated CAIR SIP revision
submitted on June 8, 2007, as discussed above. West Virginia is subject
to the CAIR FIPs, which require participation in the EPA-administered
SO2, NOX annual, and NOX ozone season
cap-and-trade programs. Under this abbreviated SIP revision and,
consistent with the flexibility given to States in the FIPs, West
Virgnia has adopted provisions for allocating allowances under the CAIR
FIP NOX annual and ozone season trading programs. As
provided for in the CAIR FIPs, these provisions in the abbreviated SIP
revision will replace or supplement the corresponding provisions of the
CAIR FIPs in West Virginia. The abbreviated SIP revision meets the
applicable requirements in 40 CFR 51.123(p) and (ee), with regard to
NOX annual and NOX ozone season emissions. In
this final action, EPA is not making any changes to the CAIR FIP, but
is amending the appropriate appendices in the CAIR FIP trading rules
simply to note approval of West Virginia's abbreviated CAIR SIP.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment. However, in the ``Proposed Rules'' section of today's
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 November 13, 2007 without further
notice unless EPA receives adverse comment by October 15, 2007. 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.
VII. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by
[[Page 52292]]
state law. Accordingly, the Administrator certifies that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Because this rule approves pre-existing requirements under state law
and does not impose any additional enforceable duty beyond that
required by state law, it 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). This rule also
does not have tribal implications because it will not have a
substantial direct effect on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal requirement, and does not alter the relationship
or the distribution of power and responsibilities established in the
Clean Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it approves a State rule
implementing a Federal standard.
In reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 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
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 13, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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. This action to approve West Virginia's abbreviated CAIR
SIP revision may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides.
40 CFR Part 97
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Nitrogen oxides,
Ozone, Reporting and recordkeeping requirements.
Dated: August 30, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
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40 CFR parts 52 and 97 are amended as follows:
PART 52--[AMENDED]
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1. The authority citation for 40 CFR part 52 continues to read as
follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart XX--West Virginia
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2. In Sec. 52.2520, the table in paragraph (c) is amended by adding
entries for 45 CSR 39 and 40 at the end of the table. The table in
paragraph (e) is amended by adding the entry for Article 3, Chapter 64
of the Code of West Virginia at the end of the table. The amendments
read as follows:
Sec. 52.2520 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
Additional
State citation [Chapter 16-20 State explanation/
or 45 CSR] Title/subject effective EPA approval date citation at 40 CFR
date Sec. 52.2565
----------------------------------------------------------------------------------------------------------------
* * * * * * *
[45 CSR] Series 39 Control of Annual Nitrogen Oxide Emissions to Mitigate Interstate Transport of Fine
Particulate Matter and Nitrogen Ozides
----------------------------------------------------------------------------------------------------------------
Section 45-39-40.............. CAIR NOX Annual Trading 5/1/06 9/13/07 [Insert Only Phase I (2009-
Budget. page number where 2014).
the document
begins].
Section 45-39-41.............. Timing Requirements for 5/1/06 9/13/07 [Insert Only Phase I (2009-
CAIR NOX Annual page number where 2014).
Allowance Allocations. the document
begins].
[[Page 52293]]
Section 45-39-42.............. CAIR NOX Annual Allowance 5/1/06 9/13/07 [Insert Only for Phase I
Allocations. page number where (2009-2014).
the document
begins].
----------------------------------------------------------------------------------------------------------------
[45 CSR] Series 40 Control of Ozone Season Nitrogen Oxide Emissions to Mitigate Interstate Transport of Ozone
and Nitrogen Ozides
----------------------------------------------------------------------------------------------------------------
Section 45-40-40.............. CAIR NOX Ozone Season 5/1/06 9/13/07 [Insert 1. Except for
Trading Budget. page number where subsection 40.3,
the document and non-EGUs in
begins]. subsection 40.1
table 2. Only
Phase I (2009-
2014).
Section 45-40-41.............. Timing Requirements for 5/1/06 9/13/07 [Insert Only Phase I (2009-
CAIR NOX Ozone Season page number where 2014).
Allowance Allocations. the document
begins].
Section 45-40-42.............. CAIR NOX Ozone Season 5/1/06 9/13/07 [Insert 1. Except for
Allowance Allocations. page number where subsections
the document 42.2.d, 42.2.e,
begins]. 42.3.a.2, and
42.4.b. 2. Only
Phase I (2009-
2014).
----------------------------------------------------------------------------------------------------------------
* * * * *
(e)* * *
----------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP Applicable submittal EPA approval date Additional
revision geographic area date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Article 3, Chapter 64 of the Code Statewide........... 5/1/06 9/13/07 [Insert page Effective date of
of West Virginia, 1931. number where the March 11, 2006.
document begins].
----------------------------------------------------------------------------------------------------------------
PART 97--[AMENDED]
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3. The authority citation for 40 CFR part 97 continues to read as
follows:
Authority: 42 U.S.C. 7401, 7403, 7410, 7426, 7601, and 7651, et
seq.
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4. Appendix A to Subpart EE is amended by adding the entry for ``West
Virginia'' in alphabetical order under paragraph 1 to read as follows:
Appendix A to Subpart EE of Part 97--States With Approved State
Implementation Plan Revisions Concerning Allocations
1. * * *
West Virginia (for control periods 2009--2014)
* * * * *
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5. Appendix A to Subpart EEEE is amended by adding the entry for West
Virginia in alphabetical order under paragraph 1 to read as follows:
Appendix A to Subpart EEEE of Part 97--States With Approved State
Implementation Plan Revisions Concerning Allocations
* * * * *
West Virginia (for control periods 2009--2014)
* * * * *
[FR Doc. E7-17874 Filed 9-12-07; 8:45 am]
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