Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Update to Materials Incorporated by Reference, 81474-81477 [2010-32452]
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81474
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Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations
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I. Background
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[FR Doc. 2010–32482 Filed 12–27–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[WV103–6041; FRL–9240–1]
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:
EPA is updating the materials
submitted by West Virginia that are
incorporated by reference (IBR) into the
State Implementation Plan (SIP). The
regulations affected by this update have
been previously submitted by the West
Virginia Department of Environmental
Protection and approved by EPA. This
update affects the SIP materials that are
available for public inspection at the
National Archives and Records
Administration (NARA), the Air and
Radiation Docket and Information
Center located at EPA Headquarters in
Washington, DC and the Regional
Office.
SUMMARY:
Effective Date: This action is
effective December 28, 2010.
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; the
Air and Radiation Docket and
Information Center, EPA Headquarters
Library, Room Number 3334, EPA West
Building, 1301 Constitution Avenue,
NW., Washington, DC 20460, and
NARA. If you wish to obtain materials
from a docket in the EPA Headquarters
Library, please call the Office of Air and
Radiation (OAR) Docket/Telephone
number: (202) 566–1742; or 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.
srobinson on DSKHWCL6B1PROD with RULES
DATES:
FOR FURTHER INFORMATION CONTACT:
Harold A. Frankford, (215) 814–2108 or
by e-mail at frankford.harold@epa.gov.
SUPPLEMENTARY INFORMATION:
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The SIP is a living document which
the 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 to make
them 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 beginning
the new IBR procedure for West
Virginia. On February 28, 2007 (72 FR
8903) and February 10, 2009 (74 FR
6542), EPA published updates to the
IBR material in West Virginia.
Since the publication of the last IBR
update, EPA has approved the following
regulatory changes to the IBR materials
in paragraph 52.2520(c):
1. Addition of Regulation 45 CSR 39.
2. Revisions to the following
regulations: 45 CSR 6, 45 CSR 8, 45 CSR
40, and 45 CSR 41.
3. Removal of the following
regulations: 45 CSR 1, 45 CSR 9, 45 CSR
12, and 45 CSR 26.
II. EPA Action
In this document, EPA is doing the
following:
1. Announcing the update to the IBR
material as of November 1, 2010.
2. Making corrections to the following
entries listed in the paragraph
52.2520(c) chart, as described below:
a. 45 CSR 6—removing text from the
‘‘Additional explanation/citation at 40
CFR § 52.2565’’ column.
b. 45 CSR 7—revising the dates in the
State effective date column so that the
date format is consistent with that found
throughout the paragraph.
c. 45 CSR 21—reinstating section 45
CSR 45–21–36, which had been
inadvertently removed from this
paragraph. On February 1, 1995, (60 FR
6022), EPA approved 45 CSR 21,
Section 36 as part of the West Virginia
SIP.
d. 45 CSR 39—Correcting the
regulation title of section 45–39–15 in
the ‘‘Title/subject’’ column.
e. 45 CSR 41—correcting the
regulation title to read ‘‘Control of
Annual Sulfur Dioxides Emissions.’’
3. In paragraph 52.2420(e), correcting
the date format in the ‘‘EPA approval
date column’’ for the entry entitled
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‘‘State of West Virginia Transportation
Conformity Requirements.’’
EPA has determined that today’s 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). Today’s 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
correcting non-substantive errors in the
table entries.
III. Statutory and Executive Order
Reviews
A. General Requirements
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act 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 Clean Air Act.
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
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Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations
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 Clean Air Act;
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
C. Petitions for Judicial Review
EPA has also determined that the
provisions of section 307(b)(1) of the
Clean Air Act 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 daysof 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’’ reorganization 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 record keeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: December 3, 2010.
W. C. Early,
Acting, Regional Administrator, Region III.
■
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. In paragraph (e), revising the entry
for State of West Virginia Transportation
Conformity Requirements.
The amendments read as follows:
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
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
2. Section 52.2520 is amended by:
a. Revising paragraph (b),
b. Amending paragraph (c) as follows:
i. Revising all entries for [45 CSR]
Series 6 and [45 CSR] Series 7.
■ ii. Adding an entry for Section 45–21–
36.
■ iii. Revising the entry for Section 45–
39–15 and the Title for [45 CSR] Series
41.
■
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■
■
§ 52.2520
Identification of plan.
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(b) Incorporation by reference.
(1) Material listed as incorporated by
reference in paragraphs (c) and (d) 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. Material incorporated as
it exists on the date of the approval, and
notice of any change in the material will
be published in the Federal Register.
Entries in paragraphs (c) and (d) of this
section with EPA approval dates on or
after November 1, 2010 will be
incorporated by reference in the next
update to the SIP compilation.
(2) EPA Region III certifies that the
rules/regulations and source-specific
requirements provided by EPA at the
addresses in paragraph (b)(3) of this
section are an exact duplicate of the
officially promulgated State rules/
regulations and source-specific
requirements which have been
approved as part of the State
implementation plan as of November 1,
2010.
(3) Copies of the materials
incorporated by reference may be
inspected at the EPA Region III Office at
1650 Arch Street, Philadelphia, PA
19103. For further information, call
(215) 814–2108; the EPA, Air and
Radiation Docket and Information
Center, Room Number 3334, EPA West
Building, 1301Constitution Avenue,
NW., Washington, DC 20460. For further
information, call (202) 566–1742; or at
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.
(c) EPA-approved regulations.
EPA–APPROVED REGULATIONS IN THE WEST VIRGINIA SIP
State citation
[Chapter 16–20 or 45 CSR ]
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State effective
date
Title/subject
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Additional explanation/
citation at 40 CFR 52.2565
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EPA approval
date
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[45 CSR] Series 6
To Prevent and Control Air Pollution From Combustion of Refuse
Section 45–6–1 .............................
General .........................................
6/1/08
Section 45–6–2 .............................
Definitions .....................................
6/1/08
Section 45–6–3 .............................
Open Burning Prohibited ..............
6/1/08
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12560.
3/25/09, 74 FR
12560.
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81476
Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations
EPA–APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued
State citation
[Chapter 16–20 or 45 CSR ]
Title/subject
State effective
date
EPA approval
date
Section 45–6–4 .............................
Emission Standards for Incinerators and Incineration.
6/1/08
3/25/09, 74 FR
12560.
Section 45–6–5 .............................
Registration ...................................
6/1/08
Section 45–6–6 .............................
Permits ..........................................
6/1/08
Section 45–6–7 .............................
Reports and Testing .....................
6/1/08
Section 45–6–8 .............................
Variances ......................................
6/1/08
Section 45–6–9 .............................
6/1/08
Section 45–6–10 ...........................
Emergencies and Natural Disasters.
Exemptions ...................................
6/1/08
Section 45–6–11 ...........................
Effect of the Rule ..........................
6/1/08
Section 45–6–12 ...........................
Inconsistency Between Rules .......
6/1/08
3/25/09, 74
12560.
3/25/09, 74
12560.
3/25/09, 74
12560.
3/25/09, 74
12560.
3/25/09, 74
12560.
3/25/09, 74
12560.
3/25/09, 74
12560.
3/25/09, 74
12560.
[45 CSR] Series 7 ........................
To Prevent and Control Particulate Matter Air Pollution From Manufacturing Process Operations
Section 45–7–1 .............................
General .........................................
8/31/00
Section 45–7–2 .............................
Definitions .....................................
8/31/00
Section 45–7–3 .............................
8/31/00
Section 45–7–6 .............................
Emission of Smoke and/or Particulate Matter Prohibited and
Standards of Measurement.
Control and Prohibition of Particulate Emissions by Weight from
Manufacturing Process Source
Operations.
Control of Fugitive Particulate
Matter.
Registration ...................................
8/31/00
Section 45–7–7 .............................
Permits ..........................................
8/31/00
Section 45–7–8 .............................
Reporting and Testing ..................
8/31/00
Section 45–7–9 .............................
Variance ........................................
8/31/00
Section 45–7–10 ...........................
Exemptions ...................................
8/31/00
Section 45–7–11 ...........................
Alternative Emission Limits for Duplicate Source Operations..
Inconsistency Between Rules. ......
8/31/00
Section 45–7–4 .............................
Section 45–7–5 .............................
Section 45–7–12 ...........................
TABLE 45–7A, TABLE 45–7B ......
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Deleted paragraphs 4.8, and 4.8.a
through 4.8.d; Added paragraphs 4.9 and 4.10.
FR
FR
Added paragraph 6.2.
FR
FR
FR
FR
FR
FR
6/03/03, 68 FR
33010.
6/03/03, 68 FR
33010.
6/03/03, 68 FR
33010.
Added paragraphs 9.1.c, 9.2, and
9.2.a through 9.2.c.
New Section.
Recodified—formerly section 45–
6–10.
Recodified—formerly section 45–
6–11.
(c)(55).
(c)(55).
(c)(55).
8/31/00
6/03/03, 68 FR
33010.
(c)(55).
8/31/00
6/03/03, 68
33010.
6/03/03, 68
33010.
6/03/03, 68
33010.
6/03/03, 68
33010.
6/03/03, 68
33010.
6/03/03, 68
33010.
6/03/03, 68
33010.
6/03/03, 68
33010.
6/03/03, 68
33010.
FR
(c)(55).
FR
(c)(55).
FR
(c)(55).
FR
(c)(55).
FR
(c)(55).
FR
(c)(55).
FR
(c)(55).
FR
(c)(55).
FR
(c)(55).
8/31/00
[Maximum Allowable Emission
Rates From Sources Governed
by 45 CFR Series 7].
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Additional explanation/
citation at 40 CFR 52.2565
8/31/00
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Regulation To Prevent And Control Air Pollution From The Emission Of Volatile Organic Compounds
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Section 45–21–36 .........................
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[45 CSR] Series 21
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Perchlorethylene Dry Cleaning .....
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2/1/95 60 FR
6022.
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(c)(33).
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Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations
EPA–APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued
State citation
[Chapter 16–20 or 45 CSR ]
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[45 CSR] Series 39
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Section 45–39–15 .........................
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8/4/09, 74 FR
38536.
(e) EPA-approved nonregulatory and
quasi-regulatory material.
State submittal
date
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State of West Virginia Transportation
Conformity Requirements.
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Entire State ...............
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04/12/07
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2008–0073; FRL–9243–5]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Amendments to Ambient Air Quality
Standards for Particulate Matter
Environmental Protection
Agency (EPA).
AGENCY:
Final rule.
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Virginia. This revision consists of
amendments to the Commonwealth of
Virginia’s ambient air quality standards
for particulate matter (PM). This action
is being taken under the Clean Air Act
(CAA).
SUMMARY:
Effective Date: This final rule is
effective on January 27, 2011.
DATES:
18:14 Dec 27, 2010
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EPA approval date
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5/2/08, 73 FR
24175.
Additional explanation
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Memoranda of Understanding between
EPA, FHWA, FTA, State of West
Virginia, and six Metropolitan Planning Organizations.
ADDRESSES:
[FR Doc. 2010–32452 Filed 12–27–10; 8:45 am]
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Applicable geographic
area
VerDate Mar<15>2010
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5/1/08
Name of non-regulatory SIP revision
ACTION:
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Control of Annual Sulfur Dioxides Emissions
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Delegation by CAIR Designated
Representative and Alternate
CAIR Designated Representative.
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[45 CSR] Series 41
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Additional explanation/
citation at 40 CFR 52.2565
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EPA approval
date
Control of Annual Nitrogen Oxide Emissions to Mitigate Interstate Transport of Fine Particulate Matter and Nitrogen Oxides
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State effective
date
Title/subject
I. Background
FOR FURTHER INFORMATION CONTACT:
On November 17, 2008 (73 FR 67825),
EPA published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Virginia. The NPR
proposed approval of amendments to
the Commonwealth’s existing ambient
air quality standards for particulate
matter in 9VAC5 Chapter 30. The formal
SIP revision was submitted by the
Commonwealth of Virginia on January
7, 2008. EPA received no comments on
the proposal to approve Virginia’s SIP
revision. However, regulation 9VAC5–
30–65E included an incorrect reference
of the Federal Register document for the
annual and 24-hour PM2.5 NAAQS that
were established by the EPA on July 18,
1997 as 62 FR 28856 instead of 62 FR
38652. On September 29, 2010, EPA
received a correction to the regulation
(9VAC5 Chapter 30) that contains the
ambient air quality standards set out in
40 CFR 50. The SIP revision made the
necessary correction to reference the
Federal Register document
appropriately.
EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2008–0073. All
documents in the docket are listed in
the https://www.regulations.gov website.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (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 through
https://www.regulations.gov or in hard
copy for public inspection 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 Virginia Department of
Environmental Quality, 629 East Main
Street, Richmond, Virginia, 23219.
Gregory Becoat, (215) 814–2036, or by email at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
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II. Summary of SIP Revision
The Commonwealth’s SIP revision to
the Virginia Regulations for the Control
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]]>Agencies
[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Rules and Regulations]
[Pages 81474-81477]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32452]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WV103-6041; FRL-9240-1]
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: EPA is updating the materials submitted by West Virginia that
are incorporated by reference (IBR) into the State Implementation Plan
(SIP). The regulations affected by this update have been previously
submitted by the West Virginia Department of Environmental Protection
and approved by EPA. This update affects the SIP materials that are
available for public inspection at the National Archives and Records
Administration (NARA), the Air and Radiation Docket and Information
Center located at EPA Headquarters in Washington, DC and the Regional
Office.
DATES: Effective Date: This action is effective December 28, 2010.
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; the Air and
Radiation Docket and Information Center, EPA Headquarters Library, Room
Number 3334, EPA West Building, 1301 Constitution Avenue, NW.,
Washington, DC 20460, and NARA. If you wish to obtain materials from a
docket in the EPA Headquarters Library, please call the Office of Air
and Radiation (OAR) Docket/Telephone number: (202) 566-1742; or 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: Harold A. Frankford, (215) 814-2108 or
by e-mail at frankford.harold@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The SIP is a living document which the 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 to make them 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 beginning the new IBR procedure for West Virginia. On
February 28, 2007 (72 FR 8903) and February 10, 2009 (74 FR 6542), EPA
published updates to the IBR material in West Virginia.
Since the publication of the last IBR update, EPA has approved the
following regulatory changes to the IBR materials in paragraph
52.2520(c):
1. Addition of Regulation 45 CSR 39.
2. Revisions to the following regulations: 45 CSR 6, 45 CSR 8, 45
CSR 40, and 45 CSR 41.
3. Removal of the following regulations: 45 CSR 1, 45 CSR 9, 45 CSR
12, and 45 CSR 26.
II. EPA Action
In this document, EPA is doing the following:
1. Announcing the update to the IBR material as of November 1,
2010.
2. Making corrections to the following entries listed in the
paragraph 52.2520(c) chart, as described below:
a. 45 CSR 6--removing text from the ``Additional explanation/
citation at 40 CFR Sec. 52.2565'' column.
b. 45 CSR 7--revising the dates in the State effective date column
so that the date format is consistent with that found throughout the
paragraph.
c. 45 CSR 21--reinstating section 45 CSR 45-21-36, which had been
inadvertently removed from this paragraph. On February 1, 1995, (60 FR
6022), EPA approved 45 CSR 21, Section 36 as part of the West Virginia
SIP.
d. 45 CSR 39--Correcting the regulation title of section 45-39-15
in the ``Title/subject'' column.
e. 45 CSR 41--correcting the regulation title to read ``Control of
Annual Sulfur Dioxides Emissions.''
3. In paragraph 52.2420(e), correcting the date format in the ``EPA
approval date column'' for the entry entitled ``State of West Virginia
Transportation Conformity Requirements.''
EPA has determined that today's 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).
Today's 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 correcting non-substantive errors in the table entries.
III. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
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
[[Page 81475]]
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 Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this 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 Clean Air Act 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 daysof 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''
reorganization 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 record keeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: December 3, 2010.
W. C. Early,
Acting, Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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),
0
b. Amending paragraph (c) as follows:
0
i. Revising all entries for [45 CSR] Series 6 and [45 CSR] Series 7.
0
ii. Adding an entry for Section 45-21-36.
0
iii. Revising the entry for Section 45-39-15 and the Title for [45 CSR]
Series 41.
0
c. In paragraph (e), revising the entry for State of West Virginia
Transportation Conformity Requirements.
The amendments read as follows:
Sec. 52.2520 Identification of plan.
* * * * *
(b) Incorporation by reference.
(1) Material listed as incorporated by reference in paragraphs (c)
and (d) 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. Material incorporated as it exists on the date of the approval, and
notice of any change in the material will be published in the Federal
Register. Entries in paragraphs (c) and (d) of this section with EPA
approval dates on or after November 1, 2010 will be incorporated by
reference in the next update to the SIP compilation.
(2) EPA Region III certifies that the rules/regulations and source-
specific requirements provided by EPA at the addresses in paragraph
(b)(3) of this section are an exact duplicate of the officially
promulgated State rules/regulations and source-specific requirements
which have been approved as part of the State implementation plan as of
November 1, 2010.
(3) Copies of the materials incorporated by reference may be
inspected at the EPA Region III Office at 1650 Arch Street,
Philadelphia, PA 19103. For further information, call (215) 814-2108;
the EPA, Air and Radiation Docket and Information Center, Room Number
3334, EPA West Building, 1301Constitution Avenue, NW., Washington, DC
20460. For further information, call (202) 566-1742; or at 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.
(c) EPA-approved regulations.
EPA-Approved Regulations in the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
Additional
State citation [Chapter 16-20 or State explanation/
45 CSR ] Title/subject effective date EPA approval date citation at 40 CFR
52.2565
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[45 CSR] Series 6 To Prevent and Control Air Pollution From Combustion of Refuse
----------------------------------------------------------------------------------------------------------------
Section 45-6-1................... General............ 6/1/08 3/25/09, 74 FR ...................
12560.
Section 45-6-2................... Definitions........ 6/1/08 3/25/09, 74 FR ...................
12560.
Section 45-6-3................... Open Burning 6/1/08 3/25/09, 74 FR ...................
Prohibited. 12560.
[[Page 81476]]
Section 45-6-4................... Emission Standards 6/1/08 3/25/09, 74 FR Deleted paragraphs
for Incinerators 12560. 4.8, and 4.8.a
and Incineration. through 4.8.d;
Added paragraphs
4.9 and 4.10.
Section 45-6-5................... Registration....... 6/1/08 3/25/09, 74 FR ...................
12560.
Section 45-6-6................... Permits............ 6/1/08 3/25/09, 74 FR Added paragraph
12560. 6.2.
Section 45-6-7................... Reports and Testing 6/1/08 3/25/09, 74 FR ...................
12560.
Section 45-6-8................... Variances.......... 6/1/08 3/25/09, 74 FR ...................
12560.
Section 45-6-9................... Emergencies and 6/1/08 3/25/09, 74 FR Added paragraphs
Natural Disasters. 12560. 9.1.c, 9.2, and
9.2.a through
9.2.c.
Section 45-6-10.................. Exemptions......... 6/1/08 3/25/09, 74 FR New Section.
12560.
Section 45-6-11.................. Effect of the Rule. 6/1/08 3/25/09, 74 FR Recodified--formerl
12560. y section 45-6-10.
Section 45-6-12.................. Inconsistency 6/1/08 3/25/09, 74 FR Recodified--formerl
Between Rules. 12560. y section 45-6-11.
----------------------------------------------------------------------------------------------------------------
[45 CSR] Series 7................ To Prevent and Control Particulate Matter Air Pollution From Manufacturing
Process Operations
----------------------------------------------------------------------------------------------------------------
Section 45-7-1................... General............ 8/31/00 6/03/03, 68 FR (c)(55).
33010.
Section 45-7-2................... Definitions........ 8/31/00 6/03/03, 68 FR (c)(55).
33010.
Section 45-7-3................... Emission of Smoke 8/31/00 6/03/03, 68 FR (c)(55).
and/or Particulate 33010.
Matter Prohibited
and Standards of
Measurement.
Section 45-7-4................... Control and 8/31/00 6/03/03, 68 FR (c)(55).
Prohibition of 33010.
Particulate
Emissions by
Weight from
Manufacturing
Process Source
Operations.
Section 45-7-5................... Control of Fugitive 8/31/00 6/03/03, 68 FR (c)(55).
Particulate Matter. 33010.
Section 45-7-6................... Registration....... 8/31/00 6/03/03, 68 FR (c)(55).
33010.
Section 45-7-7................... Permits............ 8/31/00 6/03/03, 68 FR (c)(55).
33010.
Section 45-7-8................... Reporting and 8/31/00 6/03/03, 68 FR (c)(55).
Testing. 33010.
Section 45-7-9................... Variance........... 8/31/00 6/03/03, 68 FR (c)(55).
33010.
Section 45-7-10.................. Exemptions......... 8/31/00 6/03/03, 68 FR (c)(55).
33010.
Section 45-7-11.................. Alternative 8/31/00 6/03/03, 68 FR (c)(55).
Emission Limits 33010.
for Duplicate
Source Operations..
Section 45-7-12.................. Inconsistency 8/31/00 6/03/03, 68 FR (c)(55).
Between Rules.. 33010.
TABLE 45-7A, TABLE 45-7B......... [Maximum Allowable 8/31/00 6/03/03, 68 FR (c)(55).
Emission Rates 33010.
From Sources
Governed by 45 CFR
Series 7].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[45 CSR] Series 21 Regulation To Prevent And Control Air Pollution From The Emission Of Volatile
Organic Compounds
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 45-21-36................. Perchlorethylene 7/7/93 2/1/95 60 FR 6022.. (c)(33).
Dry Cleaning.
[[Page 81477]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[45 CSR] Series 39 Control of Annual Nitrogen Oxide Emissions to Mitigate Interstate Transport
of Fine Particulate Matter and Nitrogen Oxides
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 45-39-15................. Delegation by CAIR 5/1/08 8/4/09, 74 FR 38536 ...................
Designated
Representative and
Alternate CAIR
Designated
Representative.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[45 CSR] Series 41 Control of Annual Sulfur Dioxides Emissions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) EPA-approved nonregulatory and quasi-regulatory material.
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP State EPA approval Additional
revision Applicable geographic area submittal date date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
State of West Virginia Entire State................ 04/12/07 5/2/08, 73 FR Memoranda of
Transportation Conformity 24175. Understanding
Requirements. between EPA,
FHWA, FTA,
State of West
Virginia, and
six
Metropolitan
Planning
Organizations.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2010-32452 Filed 12-27-10; 8:45 am]
BILLING CODE 6560-50-P
