Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Amendments to West Virginia's Ambient Air Quality Standards, 10423-10424 [2012-3918]
Download as PDF
<![CDATA[
Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Proposed Rules
and/or requests for a hearing,
Oluwafunmilayo (Funmi) Taylor, at
(202) 622–7180 (not toll-free
numbers).’’.
2. On page 78596, column 1, in the
preamble, under the caption
‘‘Explanation of Provisions’’, paragraph
B. 2., line three, the language ‘‘or
executor is a bank, financial’’ is
corrected to read ‘‘is a bank, financial’’.
3. On page 78596, column 1, in the
preamble, under the caption
‘‘Explanation of Provisions’’, paragraph
B.2., the fourth line from the bottom of
the first full paragraph, the language
‘‘under sections 671 through 679 and
the’’ is corrected to read ‘‘under sections
671 through 678 and the’’.
Guy R. Traynor,
Federal Register Liaison, Legal Processing
Division, Publications and Regulations Br.
(Procedure and Administration)
[FR Doc. 2012–3904 Filed 2–21–12; 8:45 am]
BILLING CODE 4830–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0958; FRL- 9634–7]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Amendments to West
Virginia’s Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
a State Implementation Plan (SIP)
revision submitted by the State of West
Virginia (West Virginia). This revision
pertains to amendments of West
Virginia’s Legislative Rule regarding
ambient air quality standards (45CSR8Ambient Air Quality Standards). These
amendments incorporate by reference
the National Ambient Air Quality
Standards (NAAQS) for sulfur dioxide,
particulate matter, carbon monoxide,
ozone, nitrogen dioxide, and lead. This
action is being taken under the Clean
Air Act (CAA).
DATES: Written comments must be
received on or before March 23, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2011–0958 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: fernandez.cristina@epa.gov.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
15:14 Feb 21, 2012
Jkt 226001
C. Mail: EPA–R03–OAR–2011–0958,
Cristina Fernandez, Associate Director,
Office of Air Program Planning,
Mailcode 3AP30, 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–2011–
0958. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
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 www.regulations.gov
or email. 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 email
comment directly to EPA without going
through www.regulations.gov, your
email 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,
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
10423
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:
Asrah Khadr, (215) 814–2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background
On July 8, 2011, the West Virginia
Department of Environmental Protection
submitted a SIP revision pertaining to
amendments of Legislative Rule
45CSR8—Ambient Air Quality
Standards. EPA had approved a
previous revision of Legislative Rule
45CSR8 on February 10, 2009 (74 FR
6552).
II. Summary of SIP Revision
Amendments to 45CSR8 consist of
revisions to section 45–8–1—General,
subpart 1.6—Former Rules, in which the
effective and filed dates were revised to
represent the most recent changes to the
NAAQS and the addition of subpart
1.5—Incorporation by Reference to
section 45–8–1 to incorporate by
reference 40 CFR part 50—National
Primary and Secondary Ambient Air
Quality Standards and 40 CFR part 53—
Ambient Air Monitoring Reference and
Equivalent Methods, effective June 1,
2010. The previous version of 45CSR8
merely stated EPA standards for the
NAAQS and the revised version
incorporates by reference the NAAQS
and monitoring reference and
equivalency methods. Also, other
amendments to 45CSR8 include the
addition of section 45–8–3—Adoption
of Standards and the removal of section
45–8–2—Anti-Degradation Policy,
section 45–8–4—Ambient Air Quality
Standards, section 45–8–5—Methods of
Measurement, and section 45–8–6—
Reference Conditions.
III. Proposed Action
EPA is proposing to approve the West
Virginia SIP revision regarding the
incorporation by reference of the
NAAQS for sulfur dioxide, particulate
matter, carbon monoxide, ozone,
nitrogen dioxide, and lead into
45CSR8—Ambient Air Quality
Standards, which was submitted on July
12, 2011. EPA is soliciting public
comments on the issues discussed in
this document. These comments will be
considered before taking final action.
E:\FR\FM\22FEP1.SGM
22FEP1
10424
Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Proposed Rules
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed 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, the proposed approval of
the West Virginia SIP revision regarding
the incorporation by reference of the
NAAQS for sulfur dioxide, particulate
matter, carbon monoxide, ozone,
nitrogen dioxide, and lead into 45CSR8–
Ambient Air Quality Standards, does
not have tribal implications as specified
by Executive Order 13175 (65 FR 67249,
VerDate Mar<15>2010
15:14 Feb 21, 2012
Jkt 226001
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 6, 2012.
W. C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012–3918 Filed 2–21–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2009–0695; FRL–9635–3]
Approval and Promulgation of
Implementation Plans; Wisconsin;
Volatile Organic Compound Emission
Control Measures for Milwaukee and
Sheboygan Ozone Nonattainment
Areas
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
On September 1, 2009,
November 16, 2011, and January 26,
2012, the Wisconsin Department of
Natural Resources (WDNR) submitted
several volatile organic compound
(VOC) rules for approval into its State
Implementation Plan (SIP). The purpose
of these rules is to satisfy the Clean Air
Act’s (the Act) requirement that states
revise their SIPs to include reasonably
available control technology (RACT) for
sources of VOC emissions in moderate
ozone nonattainment areas. Wisconsin’s
VOC rules provide RACT requirements
for the Milwaukee-Racine and
Sheboygan 8-hour ozone nonattainment
areas. These rules are approvable
because they are consistent with the
Control Technique Guideline (CTG)
documents issued by EPA in 2006 and
2007 and satisfy the RACT requirements
of the Act.
DATES: Comments must be received on
or before March 23, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2009–0695, by one of the
following methods:
SUMMARY:
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: aburano.douglas@epa.gov.
• Fax: (312) 408–2279.
• Mail: Douglas Aburano, Chief,
Attainment Planning and Maintenance
Section (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
• Hand Delivery: Douglas Aburano,
Chief, Attainment Planning and
Maintenance Section (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, 18th floor,
Chicago, Illinois 60604. Such deliveries
are only accepted during the Regional
Office’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2009–
0695. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
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 www.regulations.gov
or email. 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 email
comment directly to EPA without going
through www.regulations.gov your email
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. For additional instructions on
submitting comments, go to Section I of
the SUPPLEMENTARY INFORMATION section
of this document.
Docket: All documents in the docket
are listed in the www.regulations.gov
E:\FR\FM\22FEP1.SGM
22FEP1
]]>Agencies
[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Proposed Rules]
[Pages 10423-10424]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3918]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0958; FRL- 9634-7]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Amendments to West Virginia's Ambient Air Quality
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the State of West Virginia (West Virginia). This
revision pertains to amendments of West Virginia's Legislative Rule
regarding ambient air quality standards (45CSR8- Ambient Air Quality
Standards). These amendments incorporate by reference the National
Ambient Air Quality Standards (NAAQS) for sulfur dioxide, particulate
matter, carbon monoxide, ozone, nitrogen dioxide, and lead. This action
is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before March 23, 2012.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0958 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2011-0958, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, 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-
2011-0958. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at 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 www.regulations.gov or email. 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 email comment
directly to EPA without going through www.regulations.gov, your email
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: Asrah Khadr, (215) 814-2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
On July 8, 2011, the West Virginia Department of Environmental
Protection submitted a SIP revision pertaining to amendments of
Legislative Rule 45CSR8--Ambient Air Quality Standards. EPA had
approved a previous revision of Legislative Rule 45CSR8 on February 10,
2009 (74 FR 6552).
II. Summary of SIP Revision
Amendments to 45CSR8 consist of revisions to section 45-8-1--
General, subpart 1.6--Former Rules, in which the effective and filed
dates were revised to represent the most recent changes to the NAAQS
and the addition of subpart 1.5--Incorporation by Reference to section
45-8-1 to incorporate by reference 40 CFR part 50--National Primary and
Secondary Ambient Air Quality Standards and 40 CFR part 53--Ambient Air
Monitoring Reference and Equivalent Methods, effective June 1, 2010.
The previous version of 45CSR8 merely stated EPA standards for the
NAAQS and the revised version incorporates by reference the NAAQS and
monitoring reference and equivalency methods. Also, other amendments to
45CSR8 include the addition of section 45-8-3--Adoption of Standards
and the removal of section 45-8-2--Anti-Degradation Policy, section 45-
8-4--Ambient Air Quality Standards, section 45-8-5--Methods of
Measurement, and section 45-8-6--Reference Conditions.
III. Proposed Action
EPA is proposing to approve the West Virginia SIP revision
regarding the incorporation by reference of the NAAQS for sulfur
dioxide, particulate matter, carbon monoxide, ozone, nitrogen dioxide,
and lead into 45CSR8--Ambient Air Quality Standards, which was
submitted on July 12, 2011. EPA is soliciting public comments on the
issues discussed in this document. These comments will be considered
before taking final action.
[[Page 10424]]
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed 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, the proposed approval of the West Virginia SIP
revision regarding the incorporation by reference of the NAAQS for
sulfur dioxide, particulate matter, carbon monoxide, ozone, nitrogen
dioxide, and lead into 45CSR8-Ambient Air Quality Standards, 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 6, 2012.
W. C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-3918 Filed 2-21-12; 8:45 am]
BILLING CODE 6560-50-P
