Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration, 30832-30835 [2011-13067]
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Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Rules and Regulations
(4) S.R. 74 Bridge, mile 283.1, at
Wrightsville Beach, NC, between 7 a.m.
and 7 p.m., the draw need only open on
the hour; except that from 7 a.m. to 11
a.m. on the third and fourth Saturday in
September of every year and between 7
a.m. and 10:30 a.m. on the last Saturday
of October each year or the first or
second Saturday of November of every
year the draw need not open for vessels
due to annual triathlon events.
*
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■ 3. Revise § 117.823 to read as follows:
§ 117.823
Cape Fear River.
The draw of the Cape Fear Memorial
Bridge, mile 26.8, at Wilmington need
not open for the passage of vessels from
8 a.m. to 10 a.m. on the second Saturday
of July of every year, and from 7 a.m. to
11 a.m. on the first or second Sunday of
November of every year to accommodate
annual marathon races.
■ 4. Revise § 117.829(a)(4) to read as
follows:
§ 117.829
Northeast Cape Fear River.
(a) * * *
(4) From 8 a.m. to 10 a.m. on the
second Saturday of July of every year,
from 12 p.m. to 11:59 p.m. on the last
Saturday of October or the first or
second Saturday of November of every
year, and from 7 a.m. to 11 a.m. on the
first or second Sunday of November of
every year, the draw need not open for
vessels to accommodate annual
marathon and triathlon races.
*
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Dated: May 16, 2011.
William D. Lee,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 2011–13169 Filed 5–26–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2009–0876; FRL–9311–9]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Permits for Construction and
Major Modification of Major Stationary
Sources of Air Pollution for the
Prevention of Significant Deterioration
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of West Virginia.
The intended effect of this action is to
SUMMARY:
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approve the inclusion of nitrogen oxides
(NOx) as a precursor to ozone in the
State of West Virginia for permits for
construction and major modification of
major stationary sources of air pollution
for the prevention of significant
deterioration (PSD) areas in West
Virginia. This action will also add the
Federally equivalent provisions to the
rules for the PSD program as they
pertain to ‘‘reasonable possibility’’ and
delete certain references to pollution
control projects (PCPs) and clean units
(CUs) to make the West Virginia PSD
program consistent with the Federal
PSD program. This action is being taken
under the Clean Air Act (CAA).
DATES: Effective Date. This final rule is
effective on June 27, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2009–0876. All
documents in the docket are listed in
the 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
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 West Virginia
Department of Environmental
Protection, Division of Air Quality, 601
57th Street, SE., Charleston, West
Virginia 25304.
FOR FURTHER INFORMATION CONTACT:
Sharon McCauley, (215) 814–3376, or by
e-mail at mccauley.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. On December 17, 2010 (75 FR
78949), EPA published a notice of
proposed rulemaking (NPR) for the State
of West Virginia. The NPR proposed
approval of the inclusion of NOX as a
precursor to ozone for permits for
construction and major modification of
major stationary sources of air pollution
for PSD. This action will replace the
current SIP-approved version of
45CSR14, entitled, Permits for
Construction and Major Modification of
Major Stationary Sources of Air
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Pollution for the Prevention of
Significant Deterioration. The formal
SIP revision was submitted by West
Virginia on July 20, 2009.
II. Summary of SIP Revision
This SIP revision consists of replacing
the current version of 45CSR14
approved by EPA on December 4, 2006
(71 FR 64470) with the regulations
which were made effective as a
legislative rule in West Virginia on June
1, 2009 and submitted to EPA on July
20, 2009. This revision governs the
permitting for the construction of new
major stationary sources and the
significant modification of existing
major stationary sources of air
pollutants in areas designated
attainment or non-classifiable for the
National Ambient Air Quality Standards
(NAAQS).
This approval of West Virginia’s SIP
submission addresses changes needed to
ensure consistency with the CAA’s part
C PSD permit program. This SIP
submission also corrects deficiencies
identified by EPA in the March 27, 2008
Federal Register action entitled,
‘‘Completeness Findings for Section
110(a) State implementation Plans for
the 8-hour Ozone National Ambient Air
Quality Standards (1997 Ozone
NAAQS)’’ (73 FR 16205). EPA’s
approval of this SIP submission
addresses West Virginia’s compliance
with the portion of CAA Section
110(a)(2)(C) & (J) relating to the Part C
permit program for the 1997 Ozone
NAAQS, because this action would
approve regulating NOX as a precursor
to ozone in West Virginia’s SIP in
accordance with the Federal Register
action dated November 29, 2005 (70 FR
71612) that finalized NOX as a precursor
for ozone regulations set forth at 40 CFR
51.166 and in 40 CFR 52.21.
Additionally, in the course of taking
action upon the previously approved
NSR Reform SIP revision dated
December 4, 2006 (71 FR 64470), West
Virginia had requested that EPA not act
upon certain provisions of
45CSR14.19.8 pertaining to the
recordkeeping and reporting
requirements for sources that elect to
use the actual-to-projected actual
emission test and where there is a
‘‘reasonable possibility’’ that a project
may result in a significant net emissions
increase. Based upon revisions to
45CSR14.19.8, EPA is now approving
45CSR14.19.8 in its entirety into the
West Virginia SIP with this action as
regulatory corrections have been made
to the State’s regulations.
The references to pollution control
projects (PCPs) and clean units (CUs)
were deleted in the West Virginia
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Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Rules and Regulations
regulations in accordance with the
Federal rulemaking action dated June
13, 2007 (72 FR 32526). These State
references to PCPs and CUs are not a
part of the currently approved SIP and
are, therefore, just being corrected in
West Virginia’s regulations; as a result
of correctly deleting their references,
West Virginia’s regulations will be
consistent with the Federally
enforceable provisions.
EPA has determined that the current
amendments to West Virginia’s PSD
permit program at 45CSR14, as
submitted on July 20, 2009, meet the
minimum requirements of 40 CFR
51.166 and the Clean Air Act. This
action will approve these revisions to
the West Virginia SIP.
III. Final Action
EPA is approving the West Virginia
SIP revision submitted on July 20, 2009
which amends 45CSR14 as a revision to
the West Virginia SIP. EPA is also
making a determination that West
Virginia’s SIP meets the requirements of
CAA Sections 110(a)(2)(C) and (J)
relating to the part C permit program for
the 1997 Ozone NAAQS. EPA had
solicited public comments on these
issues discussed in this document in the
prior proposed Federal Register action
dated December 17, 2010 (75 FR 78949).
No adverse comments were received.
IV. Statutory and Executive Order
Reviews
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A. General Requirements
Under the CAA, 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 CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
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• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
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30833
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the 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 July 26, 2011.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action to
include NOX as a precursor to ozone
and the provisions for ‘‘reasonable
possibility’’ in West Virginia for permits
for construction and major modification
of major stationary sources of air
pollution for the prevention of
significant deterioration may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: May 9, 2011.
W.C. Early,
Acting Regional Administrator, EPA Region
III.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart XX—West Virginia
2. In § 52.2520, the table in paragraph
(c) is amended by revising the entries
for [45 CSR] Series 14 to read as follows:
■
§ 52.2520
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Identification of plan.
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(c) * * *
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Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Rules and Regulations
EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP
State citation [Chapter
16–20 or 45 CSR]
State
effective
date
Title/subject
Additional explanation/citation at
40 CFR 52.2565
EPA approval date
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[45 CSR] Series 14 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of
Significant Deterioration
Section 45–14–1 .......
General ........................................
6/01/09
Section 45–14–2 .......
Definitions ....................................
6/01/09
Section 45–14–3 .......
Applicability ..................................
6/01/09
Section 45–14–4 .......
Ambient Air Quality Increments
and Ceilings.
Area Classification .......................
6/01/09
Prohibition of Dispersion Enhancement Techniques.
Registration, Report and Permit
Requirements for Major Stationary Sources and Major
Modifications.
Requirements Relating to Control
Technology.
Requirements Relating to the
Source’s Impact on Air Quality.
Modeling Requirements ...............
6/01/09
Section 45–14–5 .......
Section 45–14–6 .......
Section 45–14–7 .......
Section 45–14–8 .......
Section 45–14–9 .......
Section 45–14–10 .....
Section 45–14–11 .....
6/01/09
6/01/09
6/01/09
6/01/09
6/01/09
Section 45–14–16 .....
Air Quality Monitoring Requirements.
Additional Impacts Analysis Requirements.
Additional Requirements and
Variances for Source Impacting
Federal Class 1 Areas.
Procedures for Sources Employing Innovative Control Technology.
Exclusions From Increment Consumption.
Specific Exemptions ....................
6/01/09
Section 45–14–17 .....
Public Review Procedures ..........
6/01/09
Section 45–14–18 .....
Public Meetings ...........................
6/01/09
Section 45–14–19 .....
Permit Transfer, Cancellation and
Responsibility.
6/01/09
Section 45–14–20 .....
Disposition of Permits ..................
6/01/09
Section 45–14–21 .....
6/01/09
Section 45–14–25 .....
Conflict with Other Permitting
Rules.
Actual PALs .................................
6/01/09
Section 45–14–26 .....
Inconsistency Between Rules .....
6/01/09
Section 45–14–12 .....
Section 45–14–13 .....
Section 45–14–14 .....
Section 45–14–15 .....
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Section into SIP.
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Section into SIP.
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Section into SIP, amended text
added for clarification.
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Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Rules and Regulations
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[FR Doc. 2011–13067 Filed 5–26–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 721
[EPA–HQ–OPPT–2008–0296; FRL–8858–1]
RIN 2070–AJ41
Requests for Modification or
Revocation of Toxic Substances
Control Act Section 5 Significant New
Use Notice Requirements; Revision to
Notification Regulations
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
This direct final rule amends
the procedures for requests for
modification or revocation of Toxic
Substances Control Act (TSCA) section
5 significant new use notification
(SNUN) requirements by establishing
electronic submission requirements.
EPA issued a final rule in the Federal
Register of January 6, 2010, introducing
electronic reporting requirements for
TSCA section 5 submissions and
supporting documents. However, the
regulatory text inadvertently did not
include amendments to the reporting
requirements for submissions of
requests for modifications or
revocations of SNUN requirements. This
direct final rule includes the
amendment that was originally intended
by EPA.
DATES: This direct final rule is effective
July 26, 2011 without further notice,
unless EPA receives adverse comment
on or before June 27, 2011. If EPA
receives adverse comments on this
action, EPA will withdraw the direct
final rule before its effective date. EPA
will then issue a proposed rule,
providing a 30-day period for public
comment.
SUMMARY:
EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPPT–2008–0296. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., 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
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ADDRESSES:
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available in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPPT
Docket. The OPPT Docket is located in
the EPA Docket Center (EPA/DC) at Rm.
3334, EPA West Bldg., 1301
Constitution Ave., NW., Washington,
DC. The EPA/DC Public Reading Room
hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number of
the EPA/DC Public Reading Room is
(202) 566–1744, and the telephone
number for the OPPT Docket is (202)
566–0280. Docket visitors are required
to show photographic identification,
pass through a metal detector, and sign
the EPA visitor log. All visitor bags are
processed through an X-ray machine
and subject to search. Visitors will be
provided an EPA/DC badge that must be
visible at all times in the building and
returned upon departure.
FOR FURTHER INFORMATION CONTACT: For
technical information contact: Greg
Schweer, Chemical Control Division
(7405M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (202) 564–8469; e-mail address:
schweer.greg@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; e-mail address: TSCAHotline@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
You may be affected by this action if
you manufacture, import, or process
chemicals for commercial purposes.
Potentially affected entities may
include, but are not limited to:
• Manufacturers, importers, and
processors of chemical substances or
mixtures, e.g., chemical manufacturing
and processing and petroleum refineries
(NAICS codes 325 and 324110).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. To determine whether
you or your business may be affected by
this action, you should carefully
examine the applicability provisions in
40 CFR part 721 for TSCA section 5related obligations. If you have any
questions regarding the applicability of
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30835
this action to a particular entity, consult
the technical person listed under FOR
FURTHER INFORMATION CONTACT.
II. Background
A. What action is the agency taking?
This action amends 40 CFR
721.185(b)(1), which sets forth
requirements for requesting
modification or revocation of SNUN
requirements. This provision requires
persons who request modification of
SNUN requirements for a particular
chemical substance to send the request
in writing to EPA. When developing the
TSCA section 5 electronic reporting
requirements published in the Federal
Register issue of January 6, 2010 (75 FR
773) (FRL–8794–5), EPA had intended
to include these modification requests.
In the document proposing electronic
reporting of TSCA section 5
submissions published in the Federal
Register issue of December 22, 2008 (73
FR 78261) (FRL–8395–8), EPA included
regulatory text to require electronic
reporting for modification and
revocation requests regarding significant
new use reporting requirements for
microorganisms under 40 CFR
725.984(b)(1), containing language
almost identical to the regulatory
language included in this direct final
rule. Discussion in the preamble of the
final rule regarding types of submissions
that would continue to be required in
hard copy did not include modification
and revocation requests under
§ 721.185(b)(1). No comments were
received regarding 40 CFR
725.984(b)(1), and EPA finalized this
change. However, the corresponding
change to the analogous provision in
§ 721.185(b)(1) was inadvertently
omitted from both the proposed and
final rule. This direct final rule includes
this change.
B. What is the agency’s authority for
taking this action?
Section 5(a)(1)(A) of TSCA requires
persons to notify EPA at least 90 days
before manufacturing a new chemical
substance for commercial purposes
(under TSCA manufacture includes
import). Section 3(9) of TSCA defines a
‘‘new chemical substance’’ as any
substance that is not on the TSCA
Inventory of Chemical Substances
compiled by EPA under section 8(b) of
TSCA. Section 5(a)(2) of TSCA
authorizes EPA to determine that a use
of a chemical substance is a ‘‘significant
new use.’’ EPA must make this
determination by rule after considering
all relevant factors, including those
listed in TSCA section 5(a)(2). Once
EPA determines that a use of a chemical
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]]>Agencies
[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Rules and Regulations]
[Pages 30832-30835]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13067]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2009-0876; FRL-9311-9]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Permits for Construction and Major Modification of Major
Stationary Sources of Air Pollution for the Prevention of Significant
Deterioration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of West Virginia. The intended effect of this
action is to approve the inclusion of nitrogen oxides (NOx)
as a precursor to ozone in the State of West Virginia for permits for
construction and major modification of major stationary sources of air
pollution for the prevention of significant deterioration (PSD) areas
in West Virginia. This action will also add the Federally equivalent
provisions to the rules for the PSD program as they pertain to
``reasonable possibility'' and delete certain references to pollution
control projects (PCPs) and clean units (CUs) to make the West Virginia
PSD program consistent with the Federal PSD program. This action is
being taken under the Clean Air Act (CAA).
DATES: Effective Date. This final rule is effective on June 27, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2009-0876. All documents in the docket are listed in
the 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 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 West Virginia Department of Environmental Protection,
Division of Air Quality, 601 57th Street, SE., Charleston, West
Virginia 25304.
FOR FURTHER INFORMATION CONTACT: Sharon McCauley, (215) 814-3376, or by
e-mail at mccauley.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. On December 17, 2010 (75 FR 78949), EPA published a
notice of proposed rulemaking (NPR) for the State of West Virginia. The
NPR proposed approval of the inclusion of NOX as a precursor
to ozone for permits for construction and major modification of major
stationary sources of air pollution for PSD. This action will replace
the current SIP-approved version of 45CSR14, entitled, Permits for
Construction and Major Modification of Major Stationary Sources of Air
Pollution for the Prevention of Significant Deterioration. The formal
SIP revision was submitted by West Virginia on July 20, 2009.
II. Summary of SIP Revision
This SIP revision consists of replacing the current version of
45CSR14 approved by EPA on December 4, 2006 (71 FR 64470) with the
regulations which were made effective as a legislative rule in West
Virginia on June 1, 2009 and submitted to EPA on July 20, 2009. This
revision governs the permitting for the construction of new major
stationary sources and the significant modification of existing major
stationary sources of air pollutants in areas designated attainment or
non-classifiable for the National Ambient Air Quality Standards
(NAAQS).
This approval of West Virginia's SIP submission addresses changes
needed to ensure consistency with the CAA's part C PSD permit program.
This SIP submission also corrects deficiencies identified by EPA in the
March 27, 2008 Federal Register action entitled, ``Completeness
Findings for Section 110(a) State implementation Plans for the 8-hour
Ozone National Ambient Air Quality Standards (1997 Ozone NAAQS)'' (73
FR 16205). EPA's approval of this SIP submission addresses West
Virginia's compliance with the portion of CAA Section 110(a)(2)(C) &
(J) relating to the Part C permit program for the 1997 Ozone NAAQS,
because this action would approve regulating NOX as a
precursor to ozone in West Virginia's SIP in accordance with the
Federal Register action dated November 29, 2005 (70 FR 71612) that
finalized NOX as a precursor for ozone regulations set forth
at 40 CFR 51.166 and in 40 CFR 52.21.
Additionally, in the course of taking action upon the previously
approved NSR Reform SIP revision dated December 4, 2006 (71 FR 64470),
West Virginia had requested that EPA not act upon certain provisions of
45CSR14.19.8 pertaining to the recordkeeping and reporting requirements
for sources that elect to use the actual-to-projected actual emission
test and where there is a ``reasonable possibility'' that a project may
result in a significant net emissions increase. Based upon revisions to
45CSR14.19.8, EPA is now approving 45CSR14.19.8 in its entirety into
the West Virginia SIP with this action as regulatory corrections have
been made to the State's regulations.
The references to pollution control projects (PCPs) and clean units
(CUs) were deleted in the West Virginia
[[Page 30833]]
regulations in accordance with the Federal rulemaking action dated June
13, 2007 (72 FR 32526). These State references to PCPs and CUs are not
a part of the currently approved SIP and are, therefore, just being
corrected in West Virginia's regulations; as a result of correctly
deleting their references, West Virginia's regulations will be
consistent with the Federally enforceable provisions.
EPA has determined that the current amendments to West Virginia's
PSD permit program at 45CSR14, as submitted on July 20, 2009, meet the
minimum requirements of 40 CFR 51.166 and the Clean Air Act. This
action will approve these revisions to the West Virginia SIP.
III. Final Action
EPA is approving the West Virginia SIP revision submitted on July
20, 2009 which amends 45CSR14 as a revision to the West Virginia SIP.
EPA is also making a determination that West Virginia's SIP meets the
requirements of CAA Sections 110(a)(2)(C) and (J) relating to the part
C permit program for the 1997 Ozone NAAQS. EPA had solicited public
comments on these issues discussed in this document in the prior
proposed Federal Register action dated December 17, 2010 (75 FR 78949).
No adverse comments were received.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the 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 CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the 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 July 26, 2011. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action to include NOX as a
precursor to ozone and the provisions for ``reasonable possibility'' in
West Virginia for permits for construction and major modification of
major stationary sources of air pollution for the prevention of
significant deterioration may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 9, 2011.
W.C. Early,
Acting Regional Administrator, EPA Region III.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart XX--West Virginia
0
2. In Sec. 52.2520, the table in paragraph (c) is amended by revising
the entries for [45 CSR] Series 14 to read as follows:
Sec. 52.2520 Identification of plan.
* * * * *
(c) * * *
[[Page 30834]]
EPA-Approved Regulations in the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
State Additional
State citation [Chapter 16-20 or Title/subject effective EPA approval date explanation/citation
45 CSR] date at 40 CFR 52.2565
----------------------------------------------------------------------------------------------------------------
* * * * * * *
[45 CSR] Series 14 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution
for the Prevention of Significant Deterioration
----------------------------------------------------------------------------------------------------------------
Section 45-14-1................. General.............. 6/01/09 5/27/11 [Insert page ....................
number where the
document begins].
Section 45-14-2................. Definitions.......... 6/01/09 5/27/11 [Insert page This action
number where the incorporates all of
document begins]. this Section into
SIP.
Section 45-14-3................. Applicability........ 6/01/09 5/27/11 [Insert page This action
number where the incorporates all of
document begins]. this Section into
SIP.
Section 45-14-4................. Ambient Air Quality 6/01/09 5/27/11 [Insert page ....................
Increments and number where the
Ceilings. document begins].
Section 45-14-5................. Area Classification.. 6/01/09 5/27/11 [Insert page ....................
number where the
document begins].
Section 45-14-6................. Prohibition of 6/01/09 5/27/11 [Insert page ....................
Dispersion number where the
Enhancement document begins].
Techniques.
Section 45-14-7................. Registration, Report 6/01/09 5/27/11 [Insert page ....................
and Permit number where the
Requirements for document begins].
Major Stationary
Sources and Major
Modifications.
Section 45-14-8................. Requirements Relating 6/01/09 5/27/11 [Insert page ....................
to Control number where the
Technology. document begins].
Section 45-14-9................. Requirements Relating 6/01/09 5/27/11 [Insert page ....................
to the Source's number where the
Impact on Air document begins].
Quality.
Section 45-14-10................ Modeling Requirements 6/01/09 5/27/11 [Insert page ....................
number where the
document begins].
Section 45-14-11................ Air Quality 6/01/09 5/27/11 [Insert page ....................
Monitoring number where the
Requirements. document begins].
Section 45-14-12................ Additional Impacts 6/01/09 5/27/11 [Insert page ....................
Analysis number where the
Requirements. document begins].
Section 45-14-13................ Additional 6/01/09 5/27/11 [Insert page ....................
Requirements and number where the
Variances for Source document begins].
Impacting Federal
Class 1 Areas.
Section 45-14-14................ Procedures for 6/01/08 5/27/11 [Insert page ....................
Sources Employing number where the
Innovative Control document begins].
Technology.
Section 45-14-15................ Exclusions From 6/01/09 5/27/11 [Insert page ....................
Increment number where the
Consumption. document begins].
Section 45-14-16................ Specific Exemptions.. 6/01/09 5/27/11 [Insert page ....................
number where the
document begins].
Section 45-14-17................ Public Review 6/01/09 5/27/11 [Insert page ....................
Procedures. number where the
document begins].
Section 45-14-18................ Public Meetings...... 6/01/09 5/27/11 [Insert page ....................
number where the
document begins].
Section 45-14-19................ Permit Transfer, 6/01/09 5/27/11 [Insert page This action
Cancellation and number where the incorporates all of
Responsibility. document begins]. this Section into
SIP, amended text
added for
clarification.
Section 45-14-20................ Disposition of 6/01/09 5/27/11 [Insert page ....................
Permits. number where the
document begins].
Section 45-14-21................ Conflict with Other 6/01/09 5/27/11 [Insert page ....................
Permitting Rules. number where the
document begins].
Section 45-14-25................ Actual PALs.......... 6/01/09 5/27/11 [Insert page ....................
number where the
document begins].
Section 45-14-26................ Inconsistency Between 6/01/09 5/27/11 [Insert page ....................
Rules. number where the
document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 30835]]
* * * * *
[FR Doc. 2011-13067 Filed 5-26-11; 8:45 am]
BILLING CODE 6560-50-P
