Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Prevention of Significant Deterioration, 63736-63743 [2012-25386]
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Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations
9. Civil Justice Reform
List of Subjects in 33 CFR Part 165
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 subpart C as follows:
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves establishing a temporary
security zone. Under figure 2–1,
paragraph (34)(g) of the Instruction, an
environmental analysis checklist and a
categorical exclusion determination are
not required for this rule because it
concerns an emergency situation of less
than 1 week in duration.
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PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6 and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add temporary § 165.T05–0931 to
read as follows:
■
§ 165.T05–0931 Security Zone; James
River, Kingsmill Resort, Williamsburg, VA.
(a) Regulated area. The following area
is a security zone: All navigable waters
of the James River within a 1000 yard
radius of approximate position
37°13′23″ N/76°40′03″ W (NAD 1983) in
the vicinity of Kingsmill Resort Marina,
in Williamsburg, VA.
(b) Definition. For purposes of
enforcement of this section, Captain of
the Port Representative means any U.S.
Coast Guard commissioned, warrant or
petty officer who has been authorized
by the Captain of the Port, Hampton
Roads, Virginia to act on his behalf.
(c) Regulation. (1) In accordance with
the general regulations in § 165.33 of
this part, entry into this security zone
described in paragraph (a) of this
section is prohibited unless authorized
by the Captain of the Port, Hampton
Roads, Virginia, or the Captain of the
Port Representative.
(2) The operator of any vessel granted
permission to enter this security zone
must:
(i) Stop the vessel immediately upon
being directed to do so by any
commissioned, warrant or petty officer
on board a vessel displaying a U.S.
Coast Guard Ensign; and
(ii) Proceed as directed by any
commissioned, warrant or petty officer
on board a vessel displaying a U.S.
Coast Guard Ensign.
(3) The Captain of the Port, Hampton
Roads, Virginia can be contacted at
telephone number (757) 638–6637.
(4) U.S. Coast Guard vessels enforcing
the security zone can be contacted on
VHF–FM marine band radio, channel 13
(156.65 MHz) and channel 16 (156.8
MHz).
(d) Enforcement period. This section
will be enforced from 11:59 p.m. on
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October 12, 2012 to 12:01 p.m. on
October 17, 2012.
Dated: October 5, 2012.
John K. Little,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2012–25535 Filed 10–16–12; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0388; FRL–9738–2]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Prevention of Significant
Deterioration
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is granting full approval
of revisions to the West Virginia State
Implementation Plan (SIP), submitted
by the State of West Virginia through
the West Virginia Department of
Environmental Protection (WVDEP) on
August 31, 2011, with the exception of
the narrow issue of the requirement to
include condensable emissions of
particulate matter (condensables) in the
definition of ‘‘regulated NSR pollutant’’
in the State’s Prevention of Significant
Deterioration (PSD) program. These
revisions pertaining to West Virginia’s
PSD program incorporate
preconstruction permitting regulations
for fine particulate matter (PM2.5) and
Greenhouse Gases (GHGs) into the West
Virginia SIP. In light of a comment
received on the July 31, 2012 proposed
rule, EPA is reviewing West Virginia
State Rule 45CSR14 to determine the
extent to which its definition of
‘‘regulated NSR pollutant’’ satisfies the
corresponding Federal definition, and
will address this issue in a separate
action. In addition, EPA is granting full
approval of the PSD portions of other
related infrastructure submissions
required by the Clean Air Act (CAA)
which are necessary to implement,
maintain, and enforce the 1997 PM2.5
and ozone National Ambient Air
Quality Standards (NAAQS), the 2006
PM2.5 NAAQS, and the 2008 lead and
ozone NAAQS, with the exception of
the narrow issue of the requirement to
include condensables in the definition
of ‘‘regulated NSR pollutant.’’ EPA will
address this issue in a separate action.
EPA is granting approval of these
revisions in accordance with the
requirements of the CAA.
SUMMARY:
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This final rule is effective on
November 16, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2012–0388. All
documents in the docket are listed in
the www.regulations.gov Web site.
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:
Michael Gordon, (215) 814–2039, or by
email at gordon.mike@epa.gov.
SUPPLEMENTARY INFORMATION:
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DATES:
I. Background
On July 31, 2012 (77 FR 45302), EPA
proposed approval of amendments to
the PSD permitting regulations under
West Virginia State Rule 45CSR14,
Permits for Construction and Major
Modification of Major Stationary
Sources of Air Pollution for the
Prevention of Significant Deterioration,
submitted by the WVDEP as a SIP
revision on August 31, 2011. The
August 31, 2011 SIP revision submitted
by West Virginia generally pertains to
two Federal rulemaking actions. The
first is the ‘‘Implementation of the New
Source Review (NSR) Program for
Particulate Matter less than 2.5
Micrometers (PM2.5)’’ (NSR PM2.5 Rule),
which was promulgated on May 16,
2008 (73 FR 28321). The second is the
‘‘Prevention of Significant Deterioration
and Title V Greenhouse Gas Tailoring
Rule’’ (Tailoring Rule), which was
promulgated on June 3, 2010 (75 FR
31514). In addition to the August 31,
2011 SIP submission, EPA also
proposed to approve those portions of
previous SIP submissions from WVDEP
which address the PSD-related
requirements set forth in CAA section
110(a)(2)(D)(i)(II) for the 1997 PM2.5
NAAQS, 1997 8-hour ozone NAAQS,
2006 PM2.5 NAAQS, 2008 lead NAAQS,
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and 2008 ozone NAAQS, as well as
CAA section 110(a)(2)(C) and (J) for the
2008 lead NAAQS and 2008 ozone
NAAQS. These previous SIP
submissions, submitted by West
Virginia to satisfy the PSD-related
provisions found in CAA section
110(a)(2) are referred to as infrastructure
SIP submissions. All of these State
submittals, as well as technical support
documents (TSDs) in support of the
proposed and final actions are included
in the docket. The July 31, 2012 notice
of proposed rulemaking (NPR) and its
supporting TSD contain detailed
discussions of the West Virginia SIP
submissions, their relationship to the
CAA and the Federal regulatory PSD SIP
requirements of 40 CFR part 51.166
applicable as of the time of the August
31, 2011 submittal, as well as the PSDrelated infrastructure requirements in
CAA section 110(a)(2), and EPA’s
rationale for its proposed action;
therefore, those discussions will not be
restated here. A summary of the
comments received and EPA’s responses
are provided in Section II of this
document.
II. Public Comments and EPA’s
Responses
EPA received comments on the July
31, 2012 proposal to approve West
Virginia’s revisions to its SIP’s PSD
permitting requirements and to approve
portions of infrastructure submissions
relating to West Virginia’s PSD permit
program. The portions of the
infrastructure submittals at issue relate
to the PSD requirements of CAA
sections 110(a)(2)(C), (D)(i)(II) and (J) for
the 2008 lead NAAQS and the 2008
ozone NAAQS, and CAA sections
110(a)(2)(D)(i)(II) for the 1997 PM2.5
NAAQS, 1997 ozone NAAQS, and the
2006 PM2.5 NAAQS. A summary of
those comments and EPA’s responses
are as follows:
Comment: A commenter raises issues
regarding the current economy in the
State of West Virginia and contends that
Federal air pollution requirements
imposed since the 1970s have resulted
in the economic decline in the Northern
Panhandle.
Response: EPA thanks the commenter
for the submittal. For purposes of
background, EPA is acting on SIP
submissions that reflect State law in
effect at the time of the submittals. The
commenter has not raised any specific
issue relating to the proposed approval
of West Virginia’s SIP submittals at
issue in this rulemaking process. Nor
has the commenter given any indication
of what action they would prefer EPA to
take on West Virginia’s SIP submittals.
Therefore, EPA views this comment as
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63737
being not relevant to EPA’s proposed
action and EPA does not have any
obligation to respond to this general and
unrelated comment. See Sherley v.
Sebellius, 776 F. Supp. 2d 1, 53–54
(D.D.C. 2011) (stating Federal agency
must only respond to significant
comments relevant to an agency’s
decision); Conference of State Bank
Supervisors v. Office of Thrift
Supervision, 792 F. Supp. 837, 846
(D.D.C. 1992) (finding agencies need
only respond to significant comments
under the Administrative Procedure
Act).
Comment: EPA cannot approve the
infrastructure SIPs because the
significant emissions rates in the SIP
and other de minimis exceptions are
arbitrary and capricious with regard to
the 2008 ozone and lead NAAQS.
EPA’s Response: EPA disagrees with
the commenter that we cannot approve
the infrastructure SIPs because the
significant emissions rates and other de
minimis exceptions are arbitrary and
capricious. The purpose of this
rulemaking is to take action on West
Virginia’s SIP revision submittals based
upon their consistency with Federal
regulations. The significant emissions
applicability levels of 0.6 tons per year
(TPY) for lead and 40 tons TPY for
VOCs and for NOX required by West
Virginia’s PSD permitting regulations
mirror the Federal requirements found
at 40 CFR 51.166(b)(23)(i) and 40 CFR
52.21(b)(23)(i). West Virginia’s proposed
SIP revision satisfies the obligation that
its SIP’s PSD regulation meet 40 CFR
51.166(b)(23)(i). In fact, West Virginia’s
regulatory language mirrors the Federal
counterpart language. Therefore, EPA
has no basis to disapprove West
Virginia’s regulatory language and
require West Virginia to meet an
alternative standard which EPA has not
established through the required
administrative rulemaking process.
West Virginia is not required to revise
the significant emissions rates in
question unless and until EPA revises
the Federal requirements at 40 CFR
51.166(b)(23)(i) and 40 CFR
52.21(b)(23)(i). For these reasons, EPA
disagrees with the commenter’s
assertion that the significant emissions
applicability thresholds in the West
Virginia SIP’s PSD regulation are
arbitrary and capricious with regard to
the 2008 ozone and lead NAAQS.
Comment: One commenter objects to
the EPA’s proposed approval of the
State’s infrastructure SIP submissions
for the 1997 and 2006 PM2.5 and the
1997 and 2008 8-hour ozone and the
2008 lead NAAQS on the grounds that
‘‘EPA has promulgated increments for
PM2.5. See 75 FR 64,864 (Oct. 20, 2010).
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However, the proposed West Virginia
SIP does not include these increments
even though the increments became
applicable on October 12, 2011 * * *.
Therefore EPA cannot approve the West
Virginia Infrastructure SIP regarding the
PSD elements for PM2.5.’’ 1 The
commenter argues that ‘‘(s)tates are
required to include these increments in
their SIPs before EPA can fully-approve
an infrastructure submission.’’ However,
the commenter also acknowledges that
the States had until July 20, 2012 to
amend their SIPs to address the PM2.5
increments required by the
requirements of the 2010 PM2.5 NSR/
PSD Rule. With respect to this July 20,
2012 deadline, the commenter asserts
that because the proposed rule at issue
was published in the Federal Register
on July 31, 2012, the proposed rule was
published after the deadline by which
States were required to submit SIP
revisions in compliance with the 2010
PM2.5 NSR/PSD Rule. Therefore, as of
the date that the proposed rule was
published in the Federal Register (July
31, 2012), the PM2.5 increments were
required to be included in West
Virginia’s SIP in order for West Virginia
to meet the PSD requirements of
sections 110(a)(2)(C), (D)(i)(II) and (J) of
the CAA.
In addition to the above assertions,
the commenter sets forth three reasons
why EPA should not approve the
specific CAA 110(a)(2) SIPs without first
ensuring that West Virginia’s SIP
includes the PM2.5 increments set forth
at 40 CFR § 51.166(c): (1) EPA should
not allow proposed major sources in
West Virginia ‘‘to avoid PSD
requirements like PM2.5 increments,
while proposed major sources in other
states * * * have to comply with this
requirement’’; (2) because EPA has
proposed approval of the PSD
requirements of CAA 110(a)(2) for the
2008 ozone and lead NAAQS, EPA will
not have another opportunity to ‘‘revisit
this issue of lack of PM2.5 increments’’;
and (3) because emissions of PM2.5 and
its precursors have negative effects on
public health and welfare, EPA’s full
approval of West Virginia’s
infrastructure SIPs ‘‘would cause
innocent people to be killed by illegal
PM2.5 emissions.’’ The commenter
1 The commenter is referring to a separate
rulemaking action by EPA: ‘‘Prevention of
Significant Deterioration (PSD) for Particulate
Matter Less Than 2.5 Micrometers (PM2.5)—
Increments, Significant Impact Levels (SILs) and
Significant Monitoring Concentration (SMC),’’ 75
FR 64864 (Oct. 20, 2010). This collateral rulemaking
concerned various issues relevant to PM2.5 and PSD,
including increments, significant impact levels, and
a significant monitoring concentration. This rule
will be referred to herein as the ‘‘2010 PM2.5 NSR/
PSD Rule.’’
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concludes by stating that: ‘‘EPA must
disapprove the PSD elements of the
Infrastructure SIPs for failure to include
the PM2.5 increments. In the alternative,
EPA could grant a conditional approval
if West Virginia agrees to adopt the
PM2.5 increments into its SIP within one
year.’’
Response: EPA disagrees with the
commenter that we cannot approve this
SIP submission without inclusion of
increments. The commenter asserts that
the EPA should now disapprove the
West Virginia infrastructure SIP
because, since the date of EPA’s
proposal, the deadline for the
submission of a SIP revision addressing
the PM2.5 increments has passed.
However, pursuant to the 2010 PM2.5
NSR/PSD Rule and CAA section 166(b),
States were not required to submit a
revised SIP addressing the PM2.5
increments until July 20, 2012. EPA
proposed action on the West Virginia
infrastructure SIP in a notice signed on
July 18, 2012.2 Therefore, on the date
that the proposed rule was signed by the
Regional Administrator, the PM2.5
increments were not required to be
included in the West Virginia SIP in
order for West Virginia to meet the PSD
requirements of CAA sections
110(a)(2)(C), (D)(i)(II) and (J) of the Act.3
The commenter’s concerns relate to
the timing of EPA action on collateral,
yet related, SIP submissions. These
concerns highlight an important
overarching question that the EPA has
to confront when assessing the various
infrastructure SIP submittals addressed
in the proposed rule: how to proceed
when the timing and sequencing of
multiple related SIP submissions impact
the ability of the State and the EPA to
address certain substantive issues in the
infrastructure SIP submission in a
reasonable fashion.
It is appropriate for the EPA to take
into consideration the timing and
sequence of related SIP submissions as
part of determining what it is reasonable
to expect a State to have addressed in
an infrastructure SIP submission for a
NAAQS at the time when the EPA acts
2 Although the notice was published by the
Federal Register on July 31, 2012, the notice was
signed by the Regional Administrator on July 18,
2012, before the statutory deadline for submission
of the SIP revision addressing the PM2.5 increments.
3 The commenter cites to a rulemaking in Region
5 wherein EPA proposed to narrowly disapprove a
Michigan SIP to the extent that it failed to address
the requirement to account for PM2.5 precursors in
the State’s PSD program. That rulemaking, however,
addressed requirements from the 2008 PM2.5 NSR
Implementation Rule for which the deadline for
States to revise their SIPs had passed more than a
year prior at the time of proposal. See 77 Fed. Reg.
45,992 (Aug. 2, 2012). In this case, the deadline for
West Virginia to revise its SIP to address PM2.5
increments had not passed at the time of proposal.
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on such submission. The EPA has
historically interpreted section
110(a)(2)(C), section 110(a)(2)(D)(i)(II),
and section 110(a)(2)(J) to require the
EPA to assess a State’s infrastructure SIP
submission with respect to the thenapplicable and Federally enforceable
PSD regulations required to be included
in a State’s SIP at the time EPA takes
action on the SIP. However, the EPA
does not consider it reasonable to
interpret section 110(a)(2)(C), section
110(a)(2)(D)(i)(II), and section
110(a)(2)(J) to require the EPA to
propose to disapprove a State’s
infrastructure SIP submissions because
the State had not yet, at the time of
proposal, made a submission that was
not yet due for the 2010 PM2.5 NSR/PSD
Rule. To adopt a different approach by
which the EPA could not act on an
infrastructure SIP, or at least could not
approve an infrastructure SIP, whenever
there was any impending revision to the
SIP required by another collateral
rulemaking action would result in
regulatory gridlock and make it
impracticable or impossible for EPA to
act on infrastructure SIPs if EPA is in
the process of revising collateral PSD
regulations. The EPA believes that such
an outcome would be an unreasonable
reading of the statutory process for the
infrastructure SIPs contemplated in
section 110(a)(1) and (2).
The EPA acknowledges that it is
important that these additional PSD
program revisions be evaluated and
approved into the State’s SIP in
accordance with the CAA. In fact, West
Virginia made the submission required
by the 2010 PM2.5 NSR/PSD Rule on
June 12, 2010, and the EPA therefore
intends to address the PM2.5 increments
in a subsequent rulemaking. EPA also
acknowledges the commenter’s concern
about the potential for sources not being
evaluated with respect to increments
during the interim period while new
PSD program revisions are being
evaluated. However, EPA notes that it is
implicit in the SIP processing
procedures under CAA section 110(k)
and the timing of notice and comment
rulemaking that there will often be
interim periods during which a State
has adopted and submitted a new State
law requirement in order to meet a CAA
requirement, but the EPA will not yet
have acted upon it to make it a
Federally enforceable part of the State’s
SIP.
Moreover, major sources in West
Virginia are subject to the PM2.5
increments pursuant to the version of
the regulation, 45CSR14, currently in
effect in West Virginia. Because the
regulations relating to PM2.5 increments
are currently effective and enforceable
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as a matter of State law, as of June 1,
2012, the EPA in the interim believes
that proposed major sources in West
Virginia are being required as a matter
of State law to comply with the PSD
requirements like PM2.5 increments and
thus that these sources are not being
treated differently under State law than
similar sources in other States that have
approved SIP revisions that include the
increments. The only distinction
between West Virginia and the other
States identified by the commenter is
that those other States submitted their
SIP revisions addressing the PM2.5
increments far enough in advance of
EPA’s action on the States’
infrastructure SIPs to begin the
administrative rulemaking process for
such SIP revisions. Thus, the EPA does
not believe that approving the State’s
infrastructure SIP submissions at this
time will lead to major sources in West
Virginia being treated differently than
similar sources in the other States as a
factual matter. If the commenter
determines that sources are not being
evaluated in accordance with applicable
State law requirements during the
interim before EPA acts on a later SIP
submission, those concerns can be
addressed in the State’s permitting
process.
The EPA shares the commenter’s
concerns that emissions of PM2.5 and its
precursors have negative effects on
public health and welfare. However,
EPA has no basis on which to find that
EPA’s approval of West Virginia’s
infrastructure SIPs ‘‘would cause
innocent people to be killed by illegal
PM2.5 emissions.’’ As explained above,
the State is addressing PM2.5 increments
in the version of 45CSR14 currently
adopted pursuant to State regulatory
requirements. West Virginia made the
SIP submission required by the 2010
PM2.5 NSR/PSD Rule to reflect that its
PSD permitting program now includes
PM2.5 increments as required by the
2010 PM2.5 NSR/PSD Rule. EPA will be
acting on that submission in a separate
rulemaking action in accordance with
section 110(k). Until such time as EPA
evaluates West Virginia’s submission
and takes the necessary rulemaking
actions, EPA notes the fact that the
revisions have been made and are
currently enforceable for purposes of
State law.
Finally, EPA has considered the
suggestion that, rather than approving
the State’s infrastructure SIPs, the EPA
‘‘could grant a conditional approval’’ of
the infrastructure SIPs if West Virginia
agrees to adopt the PM2.5 increments as
required by the 2010 PM2.5 NSR/PSD
Rule into its SIP within one year.
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The EPA interprets the commenter’s
suggestion that EPA grant ‘‘conditional
approval’’ of the State’s infrastructure
SIP submissions to be a reference to the
concept of conditional approval under
section 110(k)(4). The EPA considered
the commenter’s suggestion as a means
of addressing the SIP submission timing
issue, but EPA is constrained by the
provisions of the statute. Section
110(k)(4), under the rubric of
‘‘conditional approval,’’ explicitly
authorizes EPA to approve a SIP
submission ‘‘based on a commitment of
the State to adopt specific enforceable
measures by a date certain, but not later
than 1 year after the date of approval of
the plan revision.’’ Courts have
confirmed that conditional approvals
are an available course of action under
section 110(k), but only if the statutory
conditions for such conditional
approvals can be met.
Based on the specific language of
section 110(k)(4), EPA concludes that it
would not be appropriate to use the
mechanism of a conditional approval in
this action on the West Virginia PSDrelated infrastructure SIP submissions.
The statute clearly contemplates use of
this approach when a State has made a
commitment to make a submission in
the future that meets the statutory
criteria. In this instance, however, on
June 12, 2012, West Virginia submitted
the SIP revision required by the 2010
PM2.5 NSR/PSD Rule. Therefore, the
EPA does not believe that it is
appropriate to use the mechanism of a
conditional approval in these
circumstances.
Comment: EPA cannot approve the
infrastructure SIPs because West
Virginia’s SIP does not clearly regulate
condensable direct PM2.5.
Response: The 2008 NSR PM2.5 Rule
changed the Federal definition of
‘‘regulated NSR pollutant,’’ found at 40
CFR 51.166(b)(49)(vi) to require that
States account for condensable
emissions of particulate matter
(condensables) in issuing NSR permits.
In light of this comment, EPA is
reviewing West Virginia State Rule
45CSR14 to determine the extent to
which its definition of ‘‘regulated NSR
pollutant’’ satisfies the requirements of
section 51.166(b)(49)(vi) insofar as it
applies to particulate matter. For this
reason, EPA is deferring taking action
on the definition of ‘‘regulated NSR
pollutant’’ in section 2.66 of West
Virginia State Rule 45CSR14 with regard
to the requirement to account for
condensables. EPA will address this
issue in a separate rulemaking action.
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63739
III. Final Actions
EPA is fully approving WVDEP’s
August 31, 2011 submittal, except for
the narrow issue of the requirement to
include condensable emissions of
particulate matter in the definition of
‘‘regulated NSR pollutant’’ found at
45CSR14 section 2.66. Except for this
narrow issue, EPA is approving all other
portions of the submittal, including but
not limited to, the remainder of section
2.66. In approving West Virginia State
Rule 45CSR14 with regard to all other
CAA and Federal regulatory SIP
requirements for PSD applicable as of
the August 31, 2011 SIP revision
submission date, EPA is acknowledging
that it meets the ‘‘Prevention of
Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule’’
(Tailoring Rule), which was
promulgated on June 3, 2010 (75 FR
31514). EPA is also approving those
portions of West Virginia’s SIP
submissions dated December 3, 2007,
December 11, 2007, April 3, 2008,
October 1, 2009, October 26, 2011, and
February 17, 2012 which address the
PSD-related requirements set forth in
CAA section 110(a)(2)(D)(i)(II) for the
1997 PM2.5 NAAQS, 1997 8-hour ozone
NAAQS, 2006 PM2.5 NAAQS, 2008 lead
NAAQS, and 2008 ozone NAAQS, as
well as CAA section 110(a)(2)(C) and (J)
for the 2008 lead NAAQS and 2008
ozone NAAQS, except for the narrow
issue of the requirement to include
condensable emissions of particulate
matter in the definition of ‘‘regulated
NSR pollutant’’ found at 45CSR14
section 2.66.
EPA is not finalizing its proposed
approval of WVDEP’s August 31, 2011
submittal with respect to the narrow
issue of the requirement to include
condensable emissions of particulate
matter in the definition of ‘‘regulated
NSR pollutant’’ found at 45CSR14
section 2.66. Additionally, EPA is not
finalizing its proposed approval of
WVDEP’s SIP submissions dated
December 3, 2007, December 11, 2007,
April 3, 2008, October 1, 2009, October
26, 2011, and February 17, 2012
submitted to meet the PSD-related
infrastructure SIP obligations set forth at
CAA sections 110(a)(2)(C), (D)(i)(II) and
(J) with respect to the narrow issue of
the requirement to include condensable
emissions of particulate matter in the
definition of ‘‘regulated NSR pollutant’’
found at 45CSR14 section 2.66. EPA
will address these issues in a separate
action.
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Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations
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
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements, except as noted in
this document, 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by [Insert date 60 days from date
of publication of this document in the
Federal Register]. 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 on the West
Virginia SIP PSD provisions 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.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 27, 2012.
W. C. Early,
Acting Regional Administrator, 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,
a. The table in paragraph (c) is
amended by revising the entries for [45
CSR] Series 14 regarding Permits for
Construction and Major Modification of
Major Stationary Sources of Air
Pollution for the Prevention of
Significant Deterioration.
■ b. The table in paragraph (e) is
amended by:
i. Revising the entries regarding the
Section 110(a)(2) PSD-related
Infrastructure Requirements for the 1997
8-Hour Ozone NAAQS, the 1997 PM2.5
NAAQS, the 2006 PM2.5 NAAQS, the
2008 Lead NAAQS, and the 2008 ozone
NAAQS.
ii. Adding at the end of the table an
entry regarding the Section 110(a)(2)
PSD-related Infrastructure Requirements
110(a)(2)(C), (D)(i)(II), and (J) for the
2008 8-Hour Ozone NAAQS.
The revisions and addition read as
follows:
■
■
§ 52.2520
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP
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*
State
effective
date
Title/subject
*
*
Additional explanation/citation at 40 CFR
52.2565
EPA approval date
*
*
*
*
[45CSR] Series 14 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of
Significant Deterioration
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63741
EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued
State
effective
date
State citation [Chapter
16–20 or 45 CSR ]
Title/subject
Section 45–14–1 ............
General .........................
6/16/11
Section 45–14–2 ............
Definitions .....................
6/16/11
EPA approval date
10/17/12 [Insert page
number where the
document begins].
10/17/12 [Insert page
number where the
document begins].
Additional explanation/citation at 40 CFR
52.2565
1. Inclusion of PM2.5 significant emissions rates
and precursors and GHG provisions.
2. Taking no action on the definition of ‘‘regulated NSR pollutant’’ found at 45CSR14 section 2.66. only as it relates to the requirement
to include condensable emissions of particulate matter in that definition. See § 52.2522(i).
Section 45–14–3 ............
Applicability ...................
6/16/11
Section 45–14–4 ............
Ambient Air Quality Increments and Ceilings.
6/16/11
Section 45–14–5 ............
Area Classification ........
6/16/11
Section 45–14–6 ............
Prohibition of Dispersion
Enhancement Techniques.
Registration, Report and
Permit Requirements
for Major Stationary
Sources and Major
Modifications.
Requirements Relating
to Control Technology.
6/16/11
Section 45–14–7 ............
Section 45–14–8 ............
Section 45–14–9 ............
6/16/11
6/16/11
Requirements Relating
to the Source’s Impact on Air Quality.
Modeling Requirements
6/16/11
Section 45–14–11 ..........
Air Quality Monitoring
Requirements.
6/16/11
Section 45–14–12 ..........
Additional Impacts Analysis Requirements.
6/16/11
Section 45–14–13 ..........
Additional Requirements
and Variances for
Source Impacting
Federal Class 1
Areas.
Procedures for Sources
Employing Innovative
Control Technology.
Exclusions From Increment Consumption.
6/16/11
Section 45–14–16 ..........
Specific Exemptions .....
6/16/11
Section 45–14–17 ..........
Public Review Procedures.
6/16/11
Section 45–14–18 ..........
Public Meetings ............
6/16/11
Section 45–14–19 ..........
Permit Transfer, Cancellation and Responsibility.
Disposition of Permits ...
6/16/11
Section 45–14–10 ..........
Section 45–14–14 ..........
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Section 45–14–20 ..........
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6/16/11
6/16/11
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document begins].
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number where the
document begins].
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document begins].
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number where the
document begins].
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number where the
document begins].
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number where the
document begins].
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number where the
document begins].
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number where the
document begins].
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number where the
document begins].
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number where the
document begins].
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number where the
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number where the
document begins].
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number where the
document begins].
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number where the
document begins].
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Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations
EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued
State
effective
date
State citation [Chapter
16–20 or 45 CSR ]
Title/subject
Section 45–14–21 ..........
Conflict with Other Permitting Rules.
6/16/11
Section 45–14–25 ..........
Actual PALs ..................
6/16/11
Section 45–14–26 ..........
Inconsistency Between
Rules.
6/16/11
*
*
*
*
*
*
10/17/12 [Insert page
number where the
document begins].
10/17/12 [Insert page
number where the
document begins].
10/17/12 [Insert page
number where the
document begins].
*
*
Additional explanation/citation at 40 CFR
52.2565
EPA approval date
*
*
*
*
(e) * * *
Name of
non-regulatory
SIP revision
Applicable
geographic
area
State
submittal date
*
Section 110(a)(2) Infrastructure Requirements for the 1997 8Hour Ozone NAAQS.
*
Statewide
*
Section 110(a)(2) Infrastructure Requirements for the 2008
Lead NAAQS.
Statewide
*
Statewide
*
8/4/11, 76 FR, 47062 .........
*
*
*
This action addresses the following CAA elements
or portions thereof: 110(a)(2)(A), (B), (C), (D)(ii),
(E), (F), (G), (H), (J), (K), (L), and (M).
10/17/12 [Insert page number where the document
begins].
4/3/08, 5/21/08,
7/9/08, 3/18/10
8/4/11, 76 FR, 47062 .........
Approval of the following PSD-related elements or
portions thereof: 110(a)(2)(D)(i)(II), except taking
no action on the definition of ‘‘regulated NSR pollutant’’ found at 45CSR14 section 2.66 only as it
relates to the requirement to include condensable
emissions of particulate matter in that definition.
See § 52.2522(i).
This action addresses the following CAA elements
or portions thereof: 110(a)(2)(A), (B), (C), (D)(ii),
(E), (F), (G), (H), (J), (K), (L), and (M).
10/17/12 [Insert page number where the document
begins].
10/1/09, 3/18/10
8/4/11, 76 FR, 47062 .........
10/1/09, 8/31/11
Section 110(a)(2) Infrastructure Requirements for the 2006
PM2.5 NAAQS.
*
12/3/07, 5/21/08
12/11/07, 4/3/08,
8/31/11
Statewide
Additional explanation
12/3/07, 12/11/07,
8/31/11
Section 110(a)(2) Infrastructure Requirements for the 1997
PM2.5 NAAQS.
EPA approval date
10/17/12 [Insert page number where the document
begins].
Approval of the following PSD-related elements or
portions thereof: 110(a)(2)(D)(i)(II), except taking
no action on the definition of ‘‘regulated NSR pollutant’’ found at 45CSR14 section 2.66 only as it
relates to the requirement to include condensable
emissions of particulate matter in that definition.
See § 52.2522(i).
*
9/10/12, 77 FR, 55417 .......
*
*
*
This action addresses the following CAA elements:
110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J),
(K), (L), and (M), or portions thereof.
10/17/12 [Insert page number where the document
begins].
Approval of the following elements or portions thereof: 110(a)(2)(C), (D)(i)(II), and (J), except taking
no action on the definition of ‘‘regulated NSR pollutant’’ found at 45CSR14 section 2.66 only as it
relates to the requirement to include condensable
emissions of particulate matter in that definition.
See § 52.2522(i).
*
10/26/11
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8/31/11, 10/26/11
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Approval of the following PSD-related elements or
portions thereof: 110(a)(2)(D)(i)(II), except taking
no action on the definition of ‘‘regulated NSR pollutant’’ found at 45CSR14 section 2.66 only as it
relates to the requirement to include condensable
emissions of particulate matter in that definition.
See § 52.2522(i).
This action addresses the following CAA elements
or portions thereof: 110(a)(2)(A), (B), (C), (D)(ii),
(E), (F), (G), (H), (J), (K), (L), and (M).
E:\FR\FM\17OCR1.SGM
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Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations
Name of
non-regulatory
SIP revision
Applicable
geographic
area
State
submittal date
Section 110(a)(2) Infrastructure Requirements for the 2008 8Hour Ozone NAAQS.
Statewide
8/31/11, 2/17/12
3. In § 52.2522, paragraph (i) is added
to read as follows.
■
§ 52.2522
Approval status.
erowe on DSK2VPTVN1PROD with
*
*
*
*
*
(i)(1) EPA is fully approving WVDEP’s
August 31, 2011 submittal, except for
the narrow issue of the requirement to
include condensable emissions of
particulate matter in the definition of
‘‘regulated NSR pollutant’’ found at
45CSR14 section 2.66. Except for this
narrow issue, EPA is approving all other
portions of the submittal, including but
not limited to, the remainder of section
2.66. In approving West Virginia State
Rule 45CSR14 with regard to all other
CAA and Federal regulatory SIP
requirements for PSD applicable as of
the August 31, 2011 SIP revision
submission date, EPA is acknowledging
that it is consistent with the ‘‘Prevention
of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule’’
(Tailoring Rule), which was
promulgated on June 3, 2010 (75 FR
31514). EPA is not finalizing its
proposed approval of WVDEP’s August
31, 2011 submittal with respect to the
narrow issue of the requirement to
include condensable emissions of
particulate matter in the definition of
‘‘regulated NSR pollutant’’ found at
45CSR14 section 2.66. In light of a
comment received on its July 31, 2012
proposed rule (77 FR 45302), EPA is
reviewing West Virginia State Rule
45CSR14 to determine the extent to
which its definition of ‘‘regulated NSR
pollutant’’ satisfies the corresponding
Federal definition, and will address this
issue in a separate action.
(2) EPA is also approving those
portions of West Virginia’s SIP
submissions dated December 3, 2007,
December 11, 2007, April 3, 2008,
October 1, 2009, October 26, 2011, and
February 17, 2012 which address the
PSD-related requirements set forth in
CAA section 110(a)(2)(D)(i)(II) for the
1997 PM2.5 NAAQS, 1997 8-hour ozone
NAAQS, 2006 PM2.5 NAAQS, 2008 lead
NAAQS, and 2008 ozone NAAQS, as
well as CAA Section 110(a)(2)(C) and (J)
for the 2008 lead NAAQS and 2008
ozone NAAQS, except for the narrow
VerDate Mar<15>2010
15:01 Oct 16, 2012
Jkt 229001
EPA approval date
Additional explanation
10/17/12 [Insert page number where the document
begins].
Approval of the following PSD-related elements or
portions thereof: 110(a)(2)(C), (D)(i)(II), and (J),
except taking no action on the definition of ‘‘regulated NSR pollutant’’ found at 45CSR14 section
2.66 only as it relates to the requirement to include condensable emissions of particulate matter
in that definition. See § 52.2522(i).
issue of the requirement to include
condensable emissions of particulate
matter in the definition of ‘‘regulated
NSR pollutant’’ found at 45CSR14
section 2.66. EPA is not finalizing its
July 31, 2012 proposed approval (77 FR
45302) of WVDEP’s SIP submissions
dated December 3, 2007, December 11,
2007, April 3, 2008, October 1, 2009,
October 26, 2011, and February 17, 2012
submitted to meet the PSD-related
infrastructure SIP obligations set forth at
CAA sections 110(a)(2)(C), (D)(i)(II) and
(J) with respect to the narrow issue of
the requirement to include condensable
emissions of particulate matter in the
definition of ‘‘regulated NSR pollutant’’
found at 45CSR14 section 2.66. EPA
will address this issue in a separate
action.
[FR Doc. 2012–25386 Filed 10–16–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2012–0754; FRL–9740–7]
Revisions to the California State
Implementation Plan, Sacramento
Metropolitan Air Quality Management
District
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the
Sacramento Metropolitan Air Quality
Management District (SMAQMD)
portion of the California State
Implementation Plan (SIP). These
revisions concern negative declarations
for volatile organic compound (VOC)
source categories for the SMAQMD. We
are approving these negative
declarations under the Clean Air Act as
amended in 1990 (CAA or the Act).
DATES: This rule is effective on
December 17, 2012 without further
notice, unless EPA receives adverse
comments by November 16, 2012. If we
receive such comments, we will publish
SUMMARY:
PO 00000
63743
Frm 00033
Fmt 4700
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a timely withdrawal in the Federal
Register to notify the public that this
direct final rule will not take effect.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2012–0754, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments 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
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or email
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send email
directly to EPA, your email address will
be automatically captured and included
as part of the public comment. 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.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
E:\FR\FM\17OCR1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Rules and Regulations]
[Pages 63736-63743]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25386]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0388; FRL-9738-2]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Prevention of Significant Deterioration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is granting full approval of revisions to the West
Virginia State Implementation Plan (SIP), submitted by the State of
West Virginia through the West Virginia Department of Environmental
Protection (WVDEP) on August 31, 2011, with the exception of the narrow
issue of the requirement to include condensable emissions of
particulate matter (condensables) in the definition of ``regulated NSR
pollutant'' in the State's Prevention of Significant Deterioration
(PSD) program. These revisions pertaining to West Virginia's PSD
program incorporate preconstruction permitting regulations for fine
particulate matter (PM2.5) and Greenhouse Gases (GHGs) into
the West Virginia SIP. In light of a comment received on the July 31,
2012 proposed rule, EPA is reviewing West Virginia State Rule 45CSR14
to determine the extent to which its definition of ``regulated NSR
pollutant'' satisfies the corresponding Federal definition, and will
address this issue in a separate action. In addition, EPA is granting
full approval of the PSD portions of other related infrastructure
submissions required by the Clean Air Act (CAA) which are necessary to
implement, maintain, and enforce the 1997 PM2.5 and ozone
National Ambient Air Quality Standards (NAAQS), the 2006
PM2.5 NAAQS, and the 2008 lead and ozone NAAQS, with the
exception of the narrow issue of the requirement to include
condensables in the definition of ``regulated NSR pollutant.'' EPA will
address this issue in a separate action. EPA is granting approval of
these revisions in accordance with the requirements of the CAA.
[[Page 63737]]
DATES: This final rule is effective on November 16, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2012-0388. All documents in the docket are listed in
the www.regulations.gov Web site. 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: Michael Gordon, (215) 814-2039, or by
email at gordon.mike@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 31, 2012 (77 FR 45302), EPA proposed approval of amendments
to the PSD permitting regulations under West Virginia State Rule
45CSR14, Permits for Construction and Major Modification of Major
Stationary Sources of Air Pollution for the Prevention of Significant
Deterioration, submitted by the WVDEP as a SIP revision on August 31,
2011. The August 31, 2011 SIP revision submitted by West Virginia
generally pertains to two Federal rulemaking actions. The first is the
``Implementation of the New Source Review (NSR) Program for Particulate
Matter less than 2.5 Micrometers (PM2.5)'' (NSR
PM2.5 Rule), which was promulgated on May 16, 2008 (73 FR
28321). The second is the ``Prevention of Significant Deterioration and
Title V Greenhouse Gas Tailoring Rule'' (Tailoring Rule), which was
promulgated on June 3, 2010 (75 FR 31514). In addition to the August
31, 2011 SIP submission, EPA also proposed to approve those portions of
previous SIP submissions from WVDEP which address the PSD-related
requirements set forth in CAA section 110(a)(2)(D)(i)(II) for the 1997
PM2.5 NAAQS, 1997 8-hour ozone NAAQS, 2006 PM2.5
NAAQS, 2008 lead NAAQS, and 2008 ozone NAAQS, as well as CAA section
110(a)(2)(C) and (J) for the 2008 lead NAAQS and 2008 ozone NAAQS.
These previous SIP submissions, submitted by West Virginia to satisfy
the PSD-related provisions found in CAA section 110(a)(2) are referred
to as infrastructure SIP submissions. All of these State submittals, as
well as technical support documents (TSDs) in support of the proposed
and final actions are included in the docket. The July 31, 2012 notice
of proposed rulemaking (NPR) and its supporting TSD contain detailed
discussions of the West Virginia SIP submissions, their relationship to
the CAA and the Federal regulatory PSD SIP requirements of 40 CFR part
51.166 applicable as of the time of the August 31, 2011 submittal, as
well as the PSD-related infrastructure requirements in CAA section
110(a)(2), and EPA's rationale for its proposed action; therefore,
those discussions will not be restated here. A summary of the comments
received and EPA's responses are provided in Section II of this
document.
II. Public Comments and EPA's Responses
EPA received comments on the July 31, 2012 proposal to approve West
Virginia's revisions to its SIP's PSD permitting requirements and to
approve portions of infrastructure submissions relating to West
Virginia's PSD permit program. The portions of the infrastructure
submittals at issue relate to the PSD requirements of CAA sections
110(a)(2)(C), (D)(i)(II) and (J) for the 2008 lead NAAQS and the 2008
ozone NAAQS, and CAA sections 110(a)(2)(D)(i)(II) for the 1997
PM2.5 NAAQS, 1997 ozone NAAQS, and the 2006 PM2.5
NAAQS. A summary of those comments and EPA's responses are as follows:
Comment: A commenter raises issues regarding the current economy in
the State of West Virginia and contends that Federal air pollution
requirements imposed since the 1970s have resulted in the economic
decline in the Northern Panhandle.
Response: EPA thanks the commenter for the submittal. For purposes
of background, EPA is acting on SIP submissions that reflect State law
in effect at the time of the submittals. The commenter has not raised
any specific issue relating to the proposed approval of West Virginia's
SIP submittals at issue in this rulemaking process. Nor has the
commenter given any indication of what action they would prefer EPA to
take on West Virginia's SIP submittals. Therefore, EPA views this
comment as being not relevant to EPA's proposed action and EPA does not
have any obligation to respond to this general and unrelated comment.
See Sherley v. Sebellius, 776 F. Supp. 2d 1, 53-54 (D.D.C. 2011)
(stating Federal agency must only respond to significant comments
relevant to an agency's decision); Conference of State Bank Supervisors
v. Office of Thrift Supervision, 792 F. Supp. 837, 846 (D.D.C. 1992)
(finding agencies need only respond to significant comments under the
Administrative Procedure Act).
Comment: EPA cannot approve the infrastructure SIPs because the
significant emissions rates in the SIP and other de minimis exceptions
are arbitrary and capricious with regard to the 2008 ozone and lead
NAAQS.
EPA's Response: EPA disagrees with the commenter that we cannot
approve the infrastructure SIPs because the significant emissions rates
and other de minimis exceptions are arbitrary and capricious. The
purpose of this rulemaking is to take action on West Virginia's SIP
revision submittals based upon their consistency with Federal
regulations. The significant emissions applicability levels of 0.6 tons
per year (TPY) for lead and 40 tons TPY for VOCs and for NOX
required by West Virginia's PSD permitting regulations mirror the
Federal requirements found at 40 CFR 51.166(b)(23)(i) and 40 CFR
52.21(b)(23)(i). West Virginia's proposed SIP revision satisfies the
obligation that its SIP's PSD regulation meet 40 CFR 51.166(b)(23)(i).
In fact, West Virginia's regulatory language mirrors the Federal
counterpart language. Therefore, EPA has no basis to disapprove West
Virginia's regulatory language and require West Virginia to meet an
alternative standard which EPA has not established through the required
administrative rulemaking process. West Virginia is not required to
revise the significant emissions rates in question unless and until EPA
revises the Federal requirements at 40 CFR 51.166(b)(23)(i) and 40 CFR
52.21(b)(23)(i). For these reasons, EPA disagrees with the commenter's
assertion that the significant emissions applicability thresholds in
the West Virginia SIP's PSD regulation are arbitrary and capricious
with regard to the 2008 ozone and lead NAAQS.
Comment: One commenter objects to the EPA's proposed approval of
the State's infrastructure SIP submissions for the 1997 and 2006
PM2.5 and the 1997 and 2008 8-hour ozone and the 2008 lead
NAAQS on the grounds that ``EPA has promulgated increments for
PM2.5. See 75 FR 64,864 (Oct. 20, 2010).
[[Page 63738]]
However, the proposed West Virginia SIP does not include these
increments even though the increments became applicable on October 12,
2011 * * *. Therefore EPA cannot approve the West Virginia
Infrastructure SIP regarding the PSD elements for PM2.5.''
\1\ The commenter argues that ``(s)tates are required to include these
increments in their SIPs before EPA can fully-approve an infrastructure
submission.'' However, the commenter also acknowledges that the States
had until July 20, 2012 to amend their SIPs to address the
PM2.5 increments required by the requirements of the 2010
PM2.5 NSR/PSD Rule. With respect to this July 20, 2012
deadline, the commenter asserts that because the proposed rule at issue
was published in the Federal Register on July 31, 2012, the proposed
rule was published after the deadline by which States were required to
submit SIP revisions in compliance with the 2010 PM2.5 NSR/
PSD Rule. Therefore, as of the date that the proposed rule was
published in the Federal Register (July 31, 2012), the PM2.5
increments were required to be included in West Virginia's SIP in order
for West Virginia to meet the PSD requirements of sections
110(a)(2)(C), (D)(i)(II) and (J) of the CAA.
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\1\ The commenter is referring to a separate rulemaking action
by EPA: ``Prevention of Significant Deterioration (PSD) for
Particulate Matter Less Than 2.5 Micrometers (PM2.5)--
Increments, Significant Impact Levels (SILs) and Significant
Monitoring Concentration (SMC),'' 75 FR 64864 (Oct. 20, 2010). This
collateral rulemaking concerned various issues relevant to
PM2.5 and PSD, including increments, significant impact
levels, and a significant monitoring concentration. This rule will
be referred to herein as the ``2010 PM2.5 NSR/PSD Rule.''
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In addition to the above assertions, the commenter sets forth three
reasons why EPA should not approve the specific CAA 110(a)(2) SIPs
without first ensuring that West Virginia's SIP includes the
PM2.5 increments set forth at 40 CFR Sec. 51.166(c): (1)
EPA should not allow proposed major sources in West Virginia ``to avoid
PSD requirements like PM2.5 increments, while proposed major
sources in other states * * * have to comply with this requirement'';
(2) because EPA has proposed approval of the PSD requirements of CAA
110(a)(2) for the 2008 ozone and lead NAAQS, EPA will not have another
opportunity to ``revisit this issue of lack of PM2.5
increments''; and (3) because emissions of PM2.5 and its
precursors have negative effects on public health and welfare, EPA's
full approval of West Virginia's infrastructure SIPs ``would cause
innocent people to be killed by illegal PM2.5 emissions.''
The commenter concludes by stating that: ``EPA must disapprove the PSD
elements of the Infrastructure SIPs for failure to include the
PM2.5 increments. In the alternative, EPA could grant a
conditional approval if West Virginia agrees to adopt the
PM2.5 increments into its SIP within one year.''
Response: EPA disagrees with the commenter that we cannot approve
this SIP submission without inclusion of increments. The commenter
asserts that the EPA should now disapprove the West Virginia
infrastructure SIP because, since the date of EPA's proposal, the
deadline for the submission of a SIP revision addressing the
PM2.5 increments has passed. However, pursuant to the 2010
PM2.5 NSR/PSD Rule and CAA section 166(b), States were not
required to submit a revised SIP addressing the PM2.5
increments until July 20, 2012. EPA proposed action on the West
Virginia infrastructure SIP in a notice signed on July 18, 2012.\2\
Therefore, on the date that the proposed rule was signed by the
Regional Administrator, the PM2.5 increments were not
required to be included in the West Virginia SIP in order for West
Virginia to meet the PSD requirements of CAA sections 110(a)(2)(C),
(D)(i)(II) and (J) of the Act.\3\
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\2\ Although the notice was published by the Federal Register on
July 31, 2012, the notice was signed by the Regional Administrator
on July 18, 2012, before the statutory deadline for submission of
the SIP revision addressing the PM2.5 increments.
\3\ The commenter cites to a rulemaking in Region 5 wherein EPA
proposed to narrowly disapprove a Michigan SIP to the extent that it
failed to address the requirement to account for PM2.5
precursors in the State's PSD program. That rulemaking, however,
addressed requirements from the 2008 PM2.5 NSR
Implementation Rule for which the deadline for States to revise
their SIPs had passed more than a year prior at the time of
proposal. See 77 Fed. Reg. 45,992 (Aug. 2, 2012). In this case, the
deadline for West Virginia to revise its SIP to address
PM2.5 increments had not passed at the time of proposal.
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The commenter's concerns relate to the timing of EPA action on
collateral, yet related, SIP submissions. These concerns highlight an
important overarching question that the EPA has to confront when
assessing the various infrastructure SIP submittals addressed in the
proposed rule: how to proceed when the timing and sequencing of
multiple related SIP submissions impact the ability of the State and
the EPA to address certain substantive issues in the infrastructure SIP
submission in a reasonable fashion.
It is appropriate for the EPA to take into consideration the timing
and sequence of related SIP submissions as part of determining what it
is reasonable to expect a State to have addressed in an infrastructure
SIP submission for a NAAQS at the time when the EPA acts on such
submission. The EPA has historically interpreted section 110(a)(2)(C),
section 110(a)(2)(D)(i)(II), and section 110(a)(2)(J) to require the
EPA to assess a State's infrastructure SIP submission with respect to
the then-applicable and Federally enforceable PSD regulations required
to be included in a State's SIP at the time EPA takes action on the
SIP. However, the EPA does not consider it reasonable to interpret
section 110(a)(2)(C), section 110(a)(2)(D)(i)(II), and section
110(a)(2)(J) to require the EPA to propose to disapprove a State's
infrastructure SIP submissions because the State had not yet, at the
time of proposal, made a submission that was not yet due for the 2010
PM2.5 NSR/PSD Rule. To adopt a different approach by which
the EPA could not act on an infrastructure SIP, or at least could not
approve an infrastructure SIP, whenever there was any impending
revision to the SIP required by another collateral rulemaking action
would result in regulatory gridlock and make it impracticable or
impossible for EPA to act on infrastructure SIPs if EPA is in the
process of revising collateral PSD regulations. The EPA believes that
such an outcome would be an unreasonable reading of the statutory
process for the infrastructure SIPs contemplated in section 110(a)(1)
and (2).
The EPA acknowledges that it is important that these additional PSD
program revisions be evaluated and approved into the State's SIP in
accordance with the CAA. In fact, West Virginia made the submission
required by the 2010 PM2.5 NSR/PSD Rule on June 12, 2010,
and the EPA therefore intends to address the PM2.5
increments in a subsequent rulemaking. EPA also acknowledges the
commenter's concern about the potential for sources not being evaluated
with respect to increments during the interim period while new PSD
program revisions are being evaluated. However, EPA notes that it is
implicit in the SIP processing procedures under CAA section 110(k) and
the timing of notice and comment rulemaking that there will often be
interim periods during which a State has adopted and submitted a new
State law requirement in order to meet a CAA requirement, but the EPA
will not yet have acted upon it to make it a Federally enforceable part
of the State's SIP.
Moreover, major sources in West Virginia are subject to the
PM2.5 increments pursuant to the version of the regulation,
45CSR14, currently in effect in West Virginia. Because the regulations
relating to PM2.5 increments are currently effective and
enforceable
[[Page 63739]]
as a matter of State law, as of June 1, 2012, the EPA in the interim
believes that proposed major sources in West Virginia are being
required as a matter of State law to comply with the PSD requirements
like PM2.5 increments and thus that these sources are not
being treated differently under State law than similar sources in other
States that have approved SIP revisions that include the increments.
The only distinction between West Virginia and the other States
identified by the commenter is that those other States submitted their
SIP revisions addressing the PM2.5 increments far enough in
advance of EPA's action on the States' infrastructure SIPs to begin the
administrative rulemaking process for such SIP revisions. Thus, the EPA
does not believe that approving the State's infrastructure SIP
submissions at this time will lead to major sources in West Virginia
being treated differently than similar sources in the other States as a
factual matter. If the commenter determines that sources are not being
evaluated in accordance with applicable State law requirements during
the interim before EPA acts on a later SIP submission, those concerns
can be addressed in the State's permitting process.
The EPA shares the commenter's concerns that emissions of
PM2.5 and its precursors have negative effects on public
health and welfare. However, EPA has no basis on which to find that
EPA's approval of West Virginia's infrastructure SIPs ``would cause
innocent people to be killed by illegal PM2.5 emissions.''
As explained above, the State is addressing PM2.5 increments
in the version of 45CSR14 currently adopted pursuant to State
regulatory requirements. West Virginia made the SIP submission required
by the 2010 PM2.5 NSR/PSD Rule to reflect that its PSD
permitting program now includes PM2.5 increments as required
by the 2010 PM2.5 NSR/PSD Rule. EPA will be acting on that
submission in a separate rulemaking action in accordance with section
110(k). Until such time as EPA evaluates West Virginia's submission and
takes the necessary rulemaking actions, EPA notes the fact that the
revisions have been made and are currently enforceable for purposes of
State law.
Finally, EPA has considered the suggestion that, rather than
approving the State's infrastructure SIPs, the EPA ``could grant a
conditional approval'' of the infrastructure SIPs if West Virginia
agrees to adopt the PM2.5 increments as required by the 2010
PM2.5 NSR/PSD Rule into its SIP within one year.
The EPA interprets the commenter's suggestion that EPA grant
``conditional approval'' of the State's infrastructure SIP submissions
to be a reference to the concept of conditional approval under section
110(k)(4). The EPA considered the commenter's suggestion as a means of
addressing the SIP submission timing issue, but EPA is constrained by
the provisions of the statute. Section 110(k)(4), under the rubric of
``conditional approval,'' explicitly authorizes EPA to approve a SIP
submission ``based on a commitment of the State to adopt specific
enforceable measures by a date certain, but not later than 1 year after
the date of approval of the plan revision.'' Courts have confirmed that
conditional approvals are an available course of action under section
110(k), but only if the statutory conditions for such conditional
approvals can be met.
Based on the specific language of section 110(k)(4), EPA concludes
that it would not be appropriate to use the mechanism of a conditional
approval in this action on the West Virginia PSD-related infrastructure
SIP submissions. The statute clearly contemplates use of this approach
when a State has made a commitment to make a submission in the future
that meets the statutory criteria. In this instance, however, on June
12, 2012, West Virginia submitted the SIP revision required by the 2010
PM2.5 NSR/PSD Rule. Therefore, the EPA does not believe that
it is appropriate to use the mechanism of a conditional approval in
these circumstances.
Comment: EPA cannot approve the infrastructure SIPs because West
Virginia's SIP does not clearly regulate condensable direct
PM2.5.
Response: The 2008 NSR PM2.5 Rule changed the Federal
definition of ``regulated NSR pollutant,'' found at 40 CFR
51.166(b)(49)(vi) to require that States account for condensable
emissions of particulate matter (condensables) in issuing NSR permits.
In light of this comment, EPA is reviewing West Virginia State Rule
45CSR14 to determine the extent to which its definition of ``regulated
NSR pollutant'' satisfies the requirements of section 51.166(b)(49)(vi)
insofar as it applies to particulate matter. For this reason, EPA is
deferring taking action on the definition of ``regulated NSR
pollutant'' in section 2.66 of West Virginia State Rule 45CSR14 with
regard to the requirement to account for condensables. EPA will address
this issue in a separate rulemaking action.
III. Final Actions
EPA is fully approving WVDEP's August 31, 2011 submittal, except
for the narrow issue of the requirement to include condensable
emissions of particulate matter in the definition of ``regulated NSR
pollutant'' found at 45CSR14 section 2.66. Except for this narrow
issue, EPA is approving all other portions of the submittal, including
but not limited to, the remainder of section 2.66. In approving West
Virginia State Rule 45CSR14 with regard to all other CAA and Federal
regulatory SIP requirements for PSD applicable as of the August 31,
2011 SIP revision submission date, EPA is acknowledging that it meets
the ``Prevention of Significant Deterioration and Title V Greenhouse
Gas Tailoring Rule'' (Tailoring Rule), which was promulgated on June 3,
2010 (75 FR 31514). EPA is also approving those portions of West
Virginia's SIP submissions dated December 3, 2007, December 11, 2007,
April 3, 2008, October 1, 2009, October 26, 2011, and February 17, 2012
which address the PSD-related requirements set forth in CAA section
110(a)(2)(D)(i)(II) for the 1997 PM2.5 NAAQS, 1997 8-hour
ozone NAAQS, 2006 PM2.5 NAAQS, 2008 lead NAAQS, and 2008
ozone NAAQS, as well as CAA section 110(a)(2)(C) and (J) for the 2008
lead NAAQS and 2008 ozone NAAQS, except for the narrow issue of the
requirement to include condensable emissions of particulate matter in
the definition of ``regulated NSR pollutant'' found at 45CSR14 section
2.66.
EPA is not finalizing its proposed approval of WVDEP's August 31,
2011 submittal with respect to the narrow issue of the requirement to
include condensable emissions of particulate matter in the definition
of ``regulated NSR pollutant'' found at 45CSR14 section 2.66.
Additionally, EPA is not finalizing its proposed approval of WVDEP's
SIP submissions dated December 3, 2007, December 11, 2007, April 3,
2008, October 1, 2009, October 26, 2011, and February 17, 2012
submitted to meet the PSD-related infrastructure SIP obligations set
forth at CAA sections 110(a)(2)(C), (D)(i)(II) and (J) with respect to
the narrow issue of the requirement to include condensable emissions of
particulate matter in the definition of ``regulated NSR pollutant''
found at 45CSR14 section 2.66. EPA will address these issues in a
separate action.
[[Page 63740]]
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 CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements,
except as noted in this document, 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by [Insert date 60 days from date of
publication of this document in the Federal Register]. 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 on the West Virginia SIP PSD
provisions 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.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 27, 2012.
W. C. Early,
Acting Regional Administrator, 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,
0
a. The table in paragraph (c) is amended by revising the entries for
[45 CSR] Series 14 regarding Permits for Construction and Major
Modification of Major Stationary Sources of Air Pollution for the
Prevention of Significant Deterioration.
0
b. The table in paragraph (e) is amended by:
i. Revising the entries regarding the Section 110(a)(2) PSD-related
Infrastructure Requirements for the 1997 8-Hour Ozone NAAQS, the 1997
PM2.5 NAAQS, the 2006 PM2.5 NAAQS, the 2008 Lead
NAAQS, and the 2008 ozone NAAQS.
ii. Adding at the end of the table an entry regarding the Section
110(a)(2) PSD-related Infrastructure Requirements 110(a)(2)(C),
(D)(i)(II), and (J) for the 2008 8-Hour Ozone NAAQS.
The revisions and addition read as follows:
Sec. 52.2520 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
State Additional explanation/
State citation [Chapter 16-20 or Title/subject effective EPA approval date citation at 40 CFR
45 CSR ] date 52.2565
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[45CSR] Series 14 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution
for the Prevention of Significant Deterioration
----------------------------------------------------------------------------------------------------------------
[[Page 63741]]
Section 45-14-1................. General............ 6/16/11 10/17/12 [Insert
page number where
the document
begins].
Section 45-14-2................. Definitions........ 6/16/11 10/17/12 [Insert 1. Inclusion of PM2.5
page number where significant emissions
the document rates and precursors
begins]. and GHG provisions.
2. Taking no action on
the definition of
``regulated NSR
pollutant'' found at
45CSR14 section 2.66.
only as it relates to
the requirement to
include condensable
emissions of
particulate matter in
that definition. See
Sec. 52.2522(i).
Section 45-14-3................. Applicability...... 6/16/11 10/17/12 [Insert
page number where
the document
begins].
Section 45-14-4................. Ambient Air Quality 6/16/11 10/17/12 [Insert .......................
Increments and page number where
Ceilings. the document
begins].
Section 45-14-5................. Area Classification 6/16/11 10/17/12 [Insert
page number where
the document
begins].
Section 45-14-6................. Prohibition of 6/16/11 10/17/12 [Insert
Dispersion page number where
Enhancement the document
Techniques. begins].
Section 45-14-7................. Registration, 6/16/11 10/17/12 [Insert
Report and Permit page number where
Requirements for the document
Major Stationary begins].
Sources and Major
Modifications.
Section 45-14-8................. Requirements 6/16/11 10/17/12 [Insert
Relating to page number where
Control Technology. the document
begins].
Section 45-14-9................. Requirements 6/16/11 10/17/12 [Insert
Relating to the page number where
Source's Impact on the document
Air Quality. begins].
Section 45-14-10................ Modeling 6/16/11 10/17/12 [Insert
Requirements. page number where
the document
begins].
Section 45-14-11................ Air Quality 6/16/11 10/17/12 [Insert
Monitoring page number where
Requirements. the document
begins].
Section 45-14-12................ Additional Impacts 6/16/11 10/17/12 [Insert
Analysis page number where
Requirements. the document
begins].
Section 45-14-13................ Additional 6/16/11 10/17/12 [Insert
Requirements and page number where
Variances for the document
Source Impacting begins].
Federal Class 1
Areas.
Section 45-14-14................ Procedures for 6/16/11 10/17/12 [Insert
Sources Employing page number where
Innovative Control the document
Technology. begins].
Section 45-14-15................ Exclusions From 6/16/11 10/17/12 [Insert
Increment page number where
Consumption. the document
begins].
Section 45-14-16................ Specific Exemptions 6/16/11 10/17/12 [Insert
page number where
the document
begins].
Section 45-14-17................ Public Review 6/16/11 10/17/12 [Insert
Procedures. page number where
the document
begins].
Section 45-14-18................ Public Meetings.... 6/16/11 10/17/12 [Insert
page number where
the document
begins].
Section 45-14-19................ Permit Transfer, 6/16/11 10/17/12 [Insert
Cancellation and page number where
Responsibility. the document
begins].
Section 45-14-20................ Disposition of 6/16/11 10/17/12 [Insert
Permits. page number where
the document
begins].
[[Page 63742]]
Section 45-14-21................ Conflict with Other 6/16/11 10/17/12 [Insert
Permitting Rules. page number where
the document
begins].
Section 45-14-25................ Actual PALs........ 6/16/11 10/17/12 [Insert
page number where
the document
begins].
Section 45-14-26................ Inconsistency 6/16/11 10/17/12 [Insert
Between Rules. page number where
the document
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
Applicable
Name of non-regulatory SIP geographic State submittal date EPA approval date Additional
revision area explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Infrastructure Statewide 12/3/07, 5/21/08 8/4/11, 76 FR, This action
Requirements for the 1997 8- 47062. addresses the
Hour Ozone NAAQS. following CAA
elements or
portions thereof:
110(a)(2)(A),
(B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
12/3/07, 12/11/07, 8/31/ 10/17/12 [Insert Approval of the
11 page number where following PSD-
the document related elements
begins]. or portions
thereof:
110(a)(2)(D)(i)(I
I), except taking
no action on the
definition of
``regulated NSR
pollutant'' found
at 45CSR14
section 2.66 only
as it relates to
the requirement
to include
condensable
emissions of
particulate
matter in that
definition. See
Sec.
52.2522(i).
Section 110(a)(2) Infrastructure Statewide 4/3/08, 5/21/08, 7/9/08, 8/4/11, 76 FR, This action
Requirements for the 1997 PM2.5 3/18/10 47062. addresses the
NAAQS. following CAA
elements or
portions thereof:
110(a)(2)(A),
(B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
12/11/07, 4/3/08, 8/31/ 10/17/12 [Insert Approval of the
11 page number where following PSD-
the document related elements
begins]. or portions
thereof:
110(a)(2)(D)(i)(I
I), except taking
no action on the
definition of
``regulated NSR
pollutant'' found
at 45CSR14
section 2.66 only
as it relates to
the requirement
to include
condensable
emissions of
particulate
matter in that
definition. See
Sec.
52.2522(i).
Section 110(a)(2) Infrastructure Statewide 10/1/09, 3/18/10 8/4/11, 76 FR, This action
Requirements for the 2006 PM2.5 47062. addresses the
NAAQS. following CAA
elements or
portions thereof:
110(a)(2)(A),
(B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
10/1/09, 8/31/11 10/17/12 [Insert Approval of the
page number where following PSD-
the document related elements
begins]. or portions
thereof:
110(a)(2)(D)(i)(I
I), except taking
no action on the
definition of
``regulated NSR
pollutant'' found
at 45CSR14
section 2.66 only
as it relates to
the requirement
to include
condensable
emissions of
particulate
matter in that
definition. See
Sec.
52.2522(i).
* * * * * * *
Section 110(a)(2) Infrastructure Statewide 10/26/11 9/10/12, 77 FR, This action
Requirements for the 2008 Lead 55417. addresses the
NAAQS. following CAA
elements:
110(a)(2)(A),
(B), (C), (D),
(E), (F), (G),
(H), (J), (K),
(L), and (M), or
portions thereof.
8/31/11, 10/26/11 10/17/12 [Insert Approval of the
page number where following
the document elements or
begins]. portions thereof:
110(a)(2)(C),
(D)(i)(II), and
(J), except
taking no action
on the definition
of ``regulated
NSR pollutant''
found at 45CSR14
section 2.66 only
as it relates to
the requirement
to include
condensable
emissions of
particulate
matter in that
definition. See
Sec.
52.2522(i).
[[Page 63743]]
Section 110(a)(2) Infrastructure Statewide 8/31/11, 2/17/12 10/17/12 [Insert Approval of the
Requirements for the 2008 8- page number where following PSD-
Hour Ozone NAAQS. the document related elements
begins]. or portions
thereof:
110(a)(2)(C),
(D)(i)(II), and
(J), except
taking no action
on the definition
of ``regulated
NSR pollutant''
found at 45CSR14
section 2.66 only
as it relates to
the requirement
to include
condensable
emissions of
particulate
matter in that
definition. See
Sec.
52.2522(i).
----------------------------------------------------------------------------------------------------------------
0
3. In Sec. 52.2522, paragraph (i) is added to read as follows.
Sec. 52.2522 Approval status.
* * * * *
(i)(1) EPA is fully approving WVDEP's August 31, 2011 submittal,
except for the narrow issue of the requirement to include condensable
emissions of particulate matter in the definition of ``regulated NSR
pollutant'' found at 45CSR14 section 2.66. Except for this narrow
issue, EPA is approving all other portions of the submittal, including
but not limited to, the remainder of section 2.66. In approving West
Virginia State Rule 45CSR14 with regard to all other CAA and Federal
regulatory SIP requirements for PSD applicable as of the August 31,
2011 SIP revision submission date, EPA is acknowledging that it is
consistent with the ``Prevention of Significant Deterioration and Title
V Greenhouse Gas Tailoring Rule'' (Tailoring Rule), which was
promulgated on June 3, 2010 (75 FR 31514). EPA is not finalizing its
proposed approval of WVDEP's August 31, 2011 submittal with respect to
the narrow issue of the requirement to include condensable emissions of
particulate matter in the definition of ``regulated NSR pollutant''
found at 45CSR14 section 2.66. In light of a comment received on its
July 31, 2012 proposed rule (77 FR 45302), EPA is reviewing West
Virginia State Rule 45CSR14 to determine the extent to which its
definition of ``regulated NSR pollutant'' satisfies the corresponding
Federal definition, and will address this issue in a separate action.
(2) EPA is also approving those portions of West Virginia's SIP
submissions dated December 3, 2007, December 11, 2007, April 3, 2008,
October 1, 2009, October 26, 2011, and February 17, 2012 which address
the PSD-related requirements set forth in CAA section
110(a)(2)(D)(i)(II) for the 1997 PM2.5 NAAQS, 1997 8-hour
ozone NAAQS, 2006 PM2.5 NAAQS, 2008 lead NAAQS, and 2008
ozone NAAQS, as well as CAA Section 110(a)(2)(C) and (J) for the 2008
lead NAAQS and 2008 ozone NAAQS, except for the narrow issue of the
requirement to include condensable emissions of particulate matter in
the definition of ``regulated NSR pollutant'' found at 45CSR14 section
2.66. EPA is not finalizing its July 31, 2012 proposed approval (77 FR
45302) of WVDEP's SIP submissions dated December 3, 2007, December 11,
2007, April 3, 2008, October 1, 2009, October 26, 2011, and February
17, 2012 submitted to meet the PSD-related infrastructure SIP
obligations set forth at CAA sections 110(a)(2)(C), (D)(i)(II) and (J)
with respect to the narrow issue of the requirement to include
condensable emissions of particulate matter in the definition of
``regulated NSR pollutant'' found at 45CSR14 section 2.66. EPA will
address this issue in a separate action.
[FR Doc. 2012-25386 Filed 10-16-12; 8:45 am]
BILLING CODE 6560-50-P
