Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Permits for Construction and Major Modification of Major Stationary Sources for the Prevention of Significant Deterioration, 36483-36487 [2015-15530]

Download as PDF 36483 Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Rules and Regulations State citation Title/subject State effective date Additional explanation/ § 52.2063 citation EPA approval date Title 25— Environmental Protection Article III—Air Resources * * * Section 121.1 .......................... Definitions .............................. * 6/28/2014 * 6/25/2015, [Insert Federal Register citation]. * * Adds and amends definitions. * * * 129.51 ..................................... General .................................. * 6/28/2014 * 6/25/2015, [Insert Federal Register citation]. * * Amends section 129.51. * * * 129.67 ..................................... Graphic arts systems ............. * 6/28/2014 * * Amends section 129.67. 129.67a ................................... Control of VOC emissions from flexible package printing presses. Control of VOC emissions from offset lithographic printing presses and letterpress printing presses. 6/28/2014 * 6/25/2015, [Insert Federal Register citation]. 6/25/2015, [Insert Federal Register citation]. 6/28/2014 6/25/2015, [Insert Federal Register citation]. * * * 129.77 ..................................... Control of emissions from the use or application of adhesives, sealants, primers and solvents. * 6/28/2014 * 6/25/2015, [Insert Federal Register citation]. * * Amends section 129.77. * * * 130.703 ................................... Exemptions and exceptions ... * 6/28/2014 * 6/25/2015, [Insert Federal Register citation]. * * Amends section 130.703. 129.67b ................................... * * * * * * * * [FR Doc. 2015–15318 Filed 6–24–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2015–0028; FRL–9929–34– Region 3] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Permits for Construction and Major Modification of Major Stationary Sources for the Prevention of Significant Deterioration Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is conditionally approving two State Implementation Plan (SIP) revisions submitted by the West Virginia Department of Environmental Protection (WVDEP) for the State of West Virginia on July 1, 2014 and June 6, 2012. These revisions pertain to West Virginia’s Prevention of Significant Deterioration (PSD) permit program and include provisions for Lhorne on DSK7TPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 13:54 Jun 24, 2015 Jkt 235001 * * preconstruction permitting requirements for major sources of fine particulate matter (PM2.5) found in West Virginia regulations. This action is being taken under the Clean Air Act (CAA). DATES: This final rule is effective on July 27, 2015. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–EPA–R03–OAR–2015– 0028. 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 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 Adds section 129.67a. Adds section 129.67b. * * 57th Street SE., Charleston, West Virginia 25304. Mr. Paul Wentworth, (215) 814–2183, or by email at Wentworth.paul@epa.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Background On March 30, 2015 (80 FR 16612), EPA published a notice of proposed rulemaking (NPR) which proposed conditional approval for two West Virginia SIP revisions submitted on July 1, 2014 (2014 submittal) and June 6, 2012 (2012 submittal). A timely and adverse comment was submitted on EPA’s NPR. A summary of the comment and EPA’s response is provided in Section III of this document. II. Summary of SIP Revision The SIP revisions submitted by WVDEP on July 1, 2014 and June 6, 2012 involve amendments to 45CSR14 (Permits for Construction and Major Modification of Major Stationary Sources for the Prevention of Significant Deterioration). A summary of the changes made in the 2012 submittal and 2014 submittal are available in the docket for this action in a document titled, ‘‘Summary of West Virginia NSR Changes.’’ Generally, the revisions in E:\FR\FM\25JNR1.SGM 25JNR1 36484 Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Rules and Regulations Lhorne on DSK7TPTVN1PROD with RULES the 2012 submittal were submitted to incorporate provisions related to EPA’s implementation rule for the 1997 PM2.5 National Ambient Air Quality Standard (NAAQS). On May 16, 2008, EPA promulgated a rule to implement the 1997 PM2.5 NAAQS, including changes to the New Source Review (NSR) program (the 2008 NSR PM2.5 Rule). See 73 FR 28321. The 2008 NSR PM2.5 Rule revised the NSR program requirements to establish the framework for implementing preconstruction permit review for the PM2.5 NAAQS in both attainment and nonattainment areas.1 The 2014 submittal revised certain subdivisions of the 2012 submittal by: Adding ‘‘PM condensable emissions’’ to the definition of ‘‘regulated NSR pollutant’’; adding language identifying precursors to NAAQS pollutants to the definition of ‘‘regulated NSR pollutant’’; deleting the 24-hour de minimis air quality impact concentration (or Significant Monitoring Concentration (SMC)) value for PM2.5´ adding a provision exempting requirements of subsection 45CSR14–9 (Requirements Relating to the Source’s Impact on Air Quality) based on the completeness date 1 The 2008 NSR PM 2.5 Rule (as well as the more general PM2.5 NAAQS implementation rule, the 2007 ‘‘Final Clean Air Fine Particle Implementation Rule’’ (the 2007 PM2.5 Implementation Rule)), was the subject of litigation before the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) in Natural Resources Defense Council v. EPA (hereafter, NRDC v. EPA). 706 F.3d 428 (D.C. Cir. 2013). On January 4, 2013, the D.C. Circuit remanded to EPA both the 2007 PM2.5 Implementation Rule and the 2008 NSR PM2.5 Rule. The court found that in both rules EPA erred in implementing the 1997 PM2.5 NAAQS solely pursuant to the general implementation provisions of subpart 1 of part D of Title I of the CAA (subpart 1), rather than pursuant to the additional implementation provisions specific to particulate matter in subpart 4 of part D of Title I (subpart 4). As a result, the D.C. Circuit remanded both rules and instructed EPA ‘‘to re-promulgate these rules pursuant to subpart 4 consistent with this opinion.’’ Although the D.C. Circuit declined to establish a deadline for EPA’s response, EPA intends to respond promptly to the court’s remand and to promulgate new generally applicable implementation regulations for the PM2.5 NAAQS in accordance with the requirements of subpart 4. In the interim, however, states and EPA still need to proceed with implementation of the 1997 PM2.5 NAAQS in a timely and effective fashion in order to meet statutory obligations under the CAA and to assure the protection of public health intended by those NAAQS. As stated in the NPR, the requirements of Subpart 4 only pertain to nonattainment areas, and thus, EPA does not consider the portions of the 2008 NSR PM2.5 Rule that address requirements for PM2.5 attainment and unclassifiable areas to be affected by the NRDC v. EPA opinion. Moreover, EPA does not anticipate the need to revise any PSD permitting requirements promulgated in the 2008 NSR PM2.5 Rule in order to comply with the D.C. Circuit’s decision. As this rulemaking addresses West Virginia’s PSD regulations, EPA has evaluated the West Virginia regulations with applicable PSD requirements in the CAA, its implementing regulations, and the 2008 NSR PM2.5 Rule. VerDate Sep<11>2014 13:54 Jun 24, 2015 Jkt 235001 of permit applications; and, deleting the Significant Impact Levels (SIL) provisions in their entirety. The 2014 submittal thus addresses and corrects a deficiency in West Virginia’s PSD permit program previously identified by EPA in its May 9, 2013 disapproval of a portion of WVDEP’s August 31, 2011 SIP revision to 45CSR14 section 2.66. See 78 FR 27062 (disapproving a narrow portion of West Virginia’s August 31, 2011 SIP submittal for failure to satisfy requirement that emissions of PM2.5 and coarse particulate matter (PM10) shall include gaseous emissions which condense to form particulate matter (PM) at ambient temperatures). This narrow disapproval extended only to the lack of condensable emissions within the definition of ‘‘regulated NSR pollutant,’’ found at 45CSR14 section 2.66 and did not alter EPA’s October 17, 2012 (77 FR 63736) approval of the remaining portions of West Virginia’s August 31, 2011 SIP submittal which addressed other provisions in 45CSR14. The 2014 submittal contained a revision to the language at 45CSR14 section 2.66.a.1 which now includes PM condensable emissions in the definition of ‘‘regulated NSR pollutant.’’ In summary, the 2014 submittal added PM condensable emissions to the definition of ‘‘regulated NSR pollutant’’ and deleted the SILs and SMC for PM2.5 provisions in 45CSR14. EPA finds the revisions to 45CSR14 contained in the 2012 submittal and the 2014 submittal mirror the PSD requirements of the 2008 NSR PM2.5 Rule and meet CAA requirements for the PSD permitting program in the CAA and its implementing regulations with certain exceptions described in the next paragraph. The 2014 submittal addresses and corrects the deficiency identified in EPA’s May 9, 2013 disapproval (78 FR 27062) by adding language to the provision at 45CSR14 section 2.66.a.1 which now includes PM condensable emissions in the definition of ‘‘regulated NSR pollutant.’’ Thus, EPA finds West Virginia has addressed the deficiency noted in our narrow disapproval in 78 FR 27062. As discussed in the NPR, the CAA’s PSD provisions also establish maximum allowable increases over baseline concentrations—also known as ‘‘increments’’—for certain pollutants. EPA has the task of promulgating regulations to prevent the significant deterioration of air quality that would result from the emissions of pollutants EPA began regulating after Congress enacted the PSD provisions in the CAA, which includes PM2.5. The PSD provisions establish preconstruction PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 review and permitting of new or modified sources of air pollution. In 2007, EPA proposed a rule establishing increments for PM2.5 and also proposed two screening tools that would exempt permit applicants from some air quality analysis and monitoring required for PSD: SILs and SMC. See 72 FR 54112 (September 21, 2007). In our October 20, 2010 final rule (the PM2.5 PSD Increments-SILs–SMC Rule), EPA set values for both SILs and SMC for PM2.5. See 75 FR 64864. The Sierra Club challenged EPA’s authority to implement PM2.5 SILs and SMC for PSD purposes as promulgated in the PM2.5 PSD Increments-SILs-SMC Rule. See Sierra Club v. EPA, 705 F.3d 458 (D.C. Cir. 2013). On January 22, 2013, the D.C. Circuit granted a request from EPA to vacate and remand to the Agency the portions of the PM2.5 PSD Increments-SILs–SMC Rule addressing the SILs for PM2.5 (found in paragraph (k)(2) in 40 CFR 51.166 and 52.21), except for the parts codifying the PM2.5 SILs at 40 CFR 51.165(b)(2), so that the EPA could voluntarily correct an error in the provisions. Id. at 463–66. The D.C. Circuit also vacated parts of the PSD Increments-SILs-SMC Rule establishing the PM2.5 SMC, finding that the Agency had exceeded its statutory authority with respect to these provisions. Id. at 469. In response to the D.C. Circuit’s decision, EPA took final action on December 9, 2013 to remove the SIL provisions from the Federal PSD regulations in 40 CFR 52.21 and to revise the SMC for PM2.5 to zero micrograms per cubic meter. See 78 FR 73698. Because the D.C. Circuit vacated the SMC provisions in 40 CFR 51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c), EPA revised the existing concentration for the PM2.5 SMC listed in sections 51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c) to zero micrograms per cubic meter. EPA did not entirely remove PM2.5 as a listed pollutant in the SMC provisions because to do so might lead to the issuance of permits that contradict the holding of the D.C. Circuit as to the statutory monitoring requirements. Id. (providing EPA’s explanation for including the zero micrograms per cubic meter SMC). While WVDEP’s 2014 submittal appropriately removes SILs for PM2.5 consistent with the D.C. Circuit’s Sierra Club v. EPA decision and our final December 9, 2013 rulemaking (78 FR 73698), West Virginia’s PSD provision at 45CSR14–16.7.c (included in the 2014 submittal) does not include a SMC value of zero micrograms per cubic meter for PM2.5 consistent with the D.C. Circuit’s Sierra Club v. EPA decision and our December 9, 2013 rulemaking (78 FR E:\FR\FM\25JNR1.SGM 25JNR1 Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Rules and Regulations 73698) which addressed the D.C. Circuit’s vacature of the SMC provisions in 40 CFR parts 51 and 52 for PM2.5.2 Therefore, West Virginia’s PSD regulation, 45CSR14, does not fully meet the requirements for PSD programs as set forth in the 2008 NSR PM2.5 Rule, the D.C. Circuit’s decision on SILs and SMC in Sierra Club v. EPA, and in EPA’s December 9, 2013 rulemaking addressing that decision for SILs and SMC. However, on January 20, 2015, West Virginia committed to submitting an additional SIP revision with a revised PSD regulation at 45CSR14–16.7.c which will incorporate a SMC value of zero micrograms per cubic meter for PM2.5 to address this discrepancy. West Virginia committed to submitting this SIP revision no later than one year following the effective date of the final rulemaking notice for conditional approval of the 2012 and the 2014 submittals so that EPA can conditionally approve the 2012 and 2014 submittals.3 See CAA section 110(k)(4). With the exception of the absence of the SMC value of zero micrograms per cubic meter for PM2.5 which WVDEP has committed to address, EPA finds the 2012 and 2014 submittals meet applicable requirements for a PSD permitting program in the CAA, its implementing regulations, and the 2008 NSR PM2.5 Rule. III. Public Comments and EPA Responses Comment. EPA received one comment on the proposed rulemaking which states that EPA should not approve the SIP revision until the PM2.5 increments are included in the program. Response. EPA disagrees that we should not conditionally approve the 2012 submittal and 2014 submittal at this time. West Virginia’s present SIPapproved PSD program retains the PM2.5 increments at 45CSR14–4 (Ambient Air Quality Increments and Ceilings) and will not be affected by this final action. IV. Final Action Lhorne on DSK7TPTVN1PROD with RULES EPA is conditionally approving the West Virginia SIP revisions, the 2012 and 2014 submittals, because West Virginia is committing to submit an additional SIP revision addressing the deficiency identified by EPA, regarding 2 West Virginia had completely deleted the 24hour PM2.5 SMC value in the revised 45CSR14 provisions included in the 2014 submittal. 3 West Virginia’s letter from the Secretary of WVDEP committing to submit a revised provision in 45CSR14 to address the SMC for PM2.5 is available in the docket for this rulemaking (EPA– R03–OAR–2015–0028) and available online at www.regulations.gov. VerDate Sep<11>2014 13:54 Jun 24, 2015 Jkt 235001 the deletion of the PM2.5 SMC, within one year of the effective date of EPA’s final conditional approval and because the submittals otherwise meet CAA requirements for a PSD permit program in the CAA, its implementing regulations, and the 2008 NSR PM2.5 Rule as discussed in this rulemaking. Once EPA has determined that West Virginia has satisfied this condition, the conditional approval of the 2012 and 2014 submittals will become a full approval. Should West Virginia fail to meet the condition specified above, the conditional approval of the 2012 and 2014 submittals will convert to a disapproval pursuant to CAA section 110(k)(4). The full or partial disapproval of a SIP revision triggers the requirement under CAA section 110(c) that EPA promulgate a federal implementation plan (FIP) no later than two years from the date of the disapproval unless the State corrects the deficiency, and the Administrator approves the plan or plan revision before the Administrator promulgates such FIP. EPA has determined that West Virginia’s 2014 submittal has rectified the deficiency regarding including condensables in the definition of regulated NSR pollutant noted in our narrow disapproval in 78 FR 27062. Therefore, with this action, EPA is no longer required to promulgate a FIP to address the issue of PM condensables in the definition of regulated NSR pollutant for West Virginia’s PSD permit program, and EPA removes our narrow disapproval of the August 31, 2011 SIP revision to 45CSR14, section 2.66 (for failure to include condensables in definition of regulated NSR pollutant). However, EPA is conditionally approving the 2012 and 2014 submittals due to West Virginia’s lack of an appropriate PM2.5 SMC. If West Virginia fails to meet the condition and this conditional approval becomes a disapproval, the disapproval will trigger the CAA 110(c) requirement for EPA to promulgate a FIP no later than two years from the date of the disapproval which will address the SMC deficiency in West Virginia’s PSD permit program. V. Incorporation by Reference In this rulemaking action the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of 45CSR14 (Permits for Construction and Major Modification of Major Stationary Sources for the Prevention of Significant Deterioration) described in the PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 36485 amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). VI. 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 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 E:\FR\FM\25JNR1.SGM 25JNR1 36486 Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Rules and Regulations 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 August 24, 2015. 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, which conditionally approves two SIP revisions submitted by the WVDEP for the State of West Virginia on July 1, 2014 and June 6, 2012, may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) reference, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: June 9, 2015. William C. Early, Acting Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart XX—West Virginia 2. In § 52.2520, the table in paragraph (c) is amended by revising the entries for [45 CSR] Series 14 to read as follows: ■ § 52.2520 List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by * Identification of plan. * * (c) * * * * * EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP State citation [Chapter 16– 20 or 45 CSR ] * State effective date Title/subject * * * 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 Section 45–14–1 .............. General ................................................. 06/01/2013 Section 45–14–2 .............. Definitions ............................................. 06/01/2013 Section 45–14–3 .............. Applicability ........................................... 06/01/2013 Section 45–14–4 .............. Ambient Air Quality Increments and Ceilings. Area Classification ................................ 06/01/2013 06/01/2013 Section 45–14–10 ............ Prohibition of Dispersion Enhancement Techniques. Registration, Report and Permit Requirements for Major Stationary Sources and Major Modifications. Requirements Relating to Control Technology. Requirements Relating to the Source’s Impact on Air Quality. Modeling Requirements ........................ Section 45–14–11 ............ Air Quality Monitoring Requirements ... 06/01/2013 Section 45–14–12 ............ Additional Impacts Analysis Requirements. Additional Requirements and Variances for Source Impacting Federal Class 1 Areas. Procedures for Sources Employing Innovative Control Technology. 06/01/2013 Section 45–14–5 .............. Section 45–14–6 .............. Section 45–14–7 .............. Section 45–14–8 .............. Lhorne on DSK7TPTVN1PROD with RULES Section 45–14–9 .............. Section 45–14–13 ............ Section 45–14–14 ............ VerDate Sep<11>2014 13:54 Jun 24, 2015 Jkt 235001 PO 00000 Frm 00022 Fmt 4700 06/01/2013 06/01/2013 06/01/2013 06/01/2013 06/01/2013 06/01/2013 06/01/2013 Sfmt 4700 06/25/2015, [Insert Federal Register citation]. 06/25/2015, [Insert Federal Register citation]. 06/25/2015, [Insert Federal Register citation]. 06/25/2015, [Insert Federal Register citation]. 06/25/2015, [Insert Federal Register citation]. 06/25/2015, [Insert Federal Register citation]. 06/25/2015, [Insert Federal Register citation]. Conditional Approval. See 40 CFR 52.2522(k). Conditional Approval. See 40 CFR 52.2522(k). Conditional Approval. See 40 CFR 52.2522(k). Conditional Approval. See 40 CFR 52.2522(k). Conditional Approval. See 40 CFR 52.2522(k). Conditional Approval. See 40 CFR 52.2522(k). Conditional Approval. See 40 CFR 52.2522(k). 06/25/2015, [Insert Federal Register citation]. 06/25/2015, [Insert Federal Register citation]. 06/25/2015, [Insert Federal Register citation]. 06/25/2015, [Insert Federal Register citation]. 06/25/2015, [Insert Federal Register citation]. 06/25/2015, [Insert Federal Register citation]. Conditional Approval. See 40 CFR 52.2522(k). Conditional Approval. See 40 CFR 52.2522(k). Conditional Approval. See 40 CFR 52.2522(k). Conditional Approval. See 40 CFR 52.2522(k). Conditional Approval. See 40 CFR 52.2522(k). Conditional Approval. See 40 CFR 52.2522(k). 06/25/2015, [Insert Federal Register citation]. Conditional Approval. See 40 CFR 52.2522(k). E:\FR\FM\25JNR1.SGM 25JNR1 36487 Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Rules and Regulations EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued State citation [Chapter 16– 20 or 45 CSR ] Title/subject Section 45–14–15 ............ 06/01/2013 Section 45–14–16 ............ Exclusions From Increment Consumption. Specific Exemptions ............................. Section 45–14–17 ............ Public Review Procedures ................... 06/01/2013 Section 45–14–18 ............ Public Meetings .................................... 06/01/2013 Section 45–14–19 ............ 06/01/2013 Section 45–14–20 ............ Permit Transfer, Cancellation and Responsibility. Disposition of Permits ........................... Section 45–14–21 ............ Conflict with Other Permitting Rules .... 06/01/2013 Section 45–14–25 ............ Actual PALs .......................................... 06/01/2013 Section 45–14–26 ............ Inconsistency Between Rules .............. 06/01/2013 * * * * * * * * 06/01/2013 06/01/2013 Additional explanation/ citation at 40 CFR 52.2565 06/25/2015, [Insert Federal Register citation]. 06/25/2015, [Insert Federal Register citation]. 06/25/2015, [Insert Federal Register citation]. 06/25/2015, [Insert Federal Register citation]. 06/25/2015, [Insert Federal Register citation]. 06/25/2015, [Insert Federal Register citation]. 06/25/2015, [Insert Federal Register citation]. 06/25/2015, [Insert Federal Register citation]. 06/25/2015, [Insert Federal Register citation]. Conditional Approval. See 40 CFR 52.2522(k). Conditional Approval. See 40 CFR 52.2522(k). Conditional Approval. See 40 CFR 52.2522(k). Conditional Approval. See 40 CFR 52.2522(k). Conditional Approval. See 40 CFR 52.2522(k). Conditional Approval. See 40 CFR 52.2522(k). Conditional Approval. See 40 CFR 52.2522(k). Conditional Approval. See 40 CFR 52.2522(k). Conditional Approval. See 40 CFR 52.2522(k). * * DEPARTMENT OF TRANSPORTATION 3. Section 52.2522 is amended by revising the section heading and adding paragraph (k) to read as follows: National Highway Traffic Safety Administration § 52.2522 Identification of plan-conditional approval. 49 CFR Part 553 ■ * * * * * (k) EPA is conditionally approving two West Virginia State Implementation Plan (SIP) revisions submitted on July 1, 2014 and June 6, 2012 relating to revisions to 45CSR14 (Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration) for failure to include a significant monitoring concentration value (SMC) of zero micrograms per cubic meter for fine particulate matter (PM2.5). The conditional approval is based upon a commitment from the State to submit an additional SIP revision with a revised regulation at 45CSR14–16.7.c which will incorporate a SMC value of zero micrograms per cubic meter for PM2.5 to address this discrepancy and to be consistent with federal requirements. If the State fails to meet its commitment by June 24, 2016, the approval is treated as a disapproval. [FR Doc. 2015–15530 Filed 6–24–15; 8:45 am] Lhorne on DSK7TPTVN1PROD with RULES EPA approval date State effective date BILLING CODE 6560–50–P VerDate Sep<11>2014 13:54 Jun 24, 2015 Jkt 235001 [NHTSA–2013–0042] RIN 2127–AL32 Direct Final Rulemaking Procedures National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Final rule. AGENCY: NHTSA is establishing direct final rulemaking (DFR) procedures for use in adopting amendments to its regulations on which the agency expects it would receive no adverse public comment were it to publish them as proposals in the Federal Register. This limitation means that NHTSA will not use direct final rule procedures for amendments involving complex or controversial issues. When the agency does not expect adverse public comments on draft amendments, it will issue a direct final rule adopting the amendments and stating that they will become effective in a specified number of days after the date of publication of the rule in the Federal Register, unless NHTSA receives written adverse comment(s) or written notice of intent to submit adverse comment(s) by the specified effective date. Adoption of these new procedures will expedite the promulgation of routine and noncontroversial rules by reducing the time and resources necessary to SUMMARY: PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 * * develop, review, clear and publish separate proposed and final rules. DATES: Effective June 25, 2015. ADDRESSES: Docket: To access the docket and read comments received, go to http://www.regulations.gov and search by Docket ID number NHTSA– 2013–0042 at any time. Privacy Act: Anyone is able to search the electronic form of all comments received in any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the U.S. Department of Transportation’s (DOT) complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19476) or you may visit http:// www.dot.gov/individuals/privacy/ privacy-policy. FOR FURTHER INFORMATION CONTACT: Analiese Marchesseault, Office of Chief Counsel, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590; Telephone: (202) 366–2992. SUPPLEMENTARY INFORMATION: I. Background On March 26, 2013, NHTSA proposed to establish direct final rulemaking (DFR) procedures for use in adopting amendments to its regulations on which no adverse public comment is expected by the agency.1 The procedures were modeled after DFR procedures established by the Office of the Secretary of Transportation (OST) on 1 78 E:\FR\FM\25JNR1.SGM FR 18285 (Mar. 26, 2013). 25JNR1

Agencies

[Federal Register Volume 80, Number 122 (Thursday, June 25, 2015)]
[Rules and Regulations]
[Pages 36483-36487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15530]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0028; FRL-9929-34-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Permits for Construction and Major Modification of Major 
Stationary Sources for the Prevention of Significant Deterioration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is conditionally 
approving two State Implementation Plan (SIP) revisions submitted by 
the West Virginia Department of Environmental Protection (WVDEP) for 
the State of West Virginia on July 1, 2014 and June 6, 2012. These 
revisions pertain to West Virginia's Prevention of Significant 
Deterioration (PSD) permit program and include provisions for 
preconstruction permitting requirements for major sources of fine 
particulate matter (PM2.5) found in West Virginia 
regulations. This action is being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on July 27, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-EPA-R03-OAR-2015-0028. 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: Mr. Paul Wentworth, (215) 814-2183, or 
by email at Wentworth.paul@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On March 30, 2015 (80 FR 16612), EPA published a notice of proposed 
rulemaking (NPR) which proposed conditional approval for two West 
Virginia SIP revisions submitted on July 1, 2014 (2014 submittal) and 
June 6, 2012 (2012 submittal). A timely and adverse comment was 
submitted on EPA's NPR. A summary of the comment and EPA's response is 
provided in Section III of this document.

II. Summary of SIP Revision

    The SIP revisions submitted by WVDEP on July 1, 2014 and June 6, 
2012 involve amendments to 45CSR14 (Permits for Construction and Major 
Modification of Major Stationary Sources for the Prevention of 
Significant Deterioration). A summary of the changes made in the 2012 
submittal and 2014 submittal are available in the docket for this 
action in a document titled, ``Summary of West Virginia NSR Changes.'' 
Generally, the revisions in

[[Page 36484]]

the 2012 submittal were submitted to incorporate provisions related to 
EPA's implementation rule for the 1997 PM2.5 National 
Ambient Air Quality Standard (NAAQS). On May 16, 2008, EPA promulgated 
a rule to implement the 1997 PM2.5 NAAQS, including changes 
to the New Source Review (NSR) program (the 2008 NSR PM2.5 
Rule). See 73 FR 28321. The 2008 NSR PM2.5 Rule revised the 
NSR program requirements to establish the framework for implementing 
preconstruction permit review for the PM2.5 NAAQS in both 
attainment and nonattainment areas.\1\ The 2014 submittal revised 
certain subdivisions of the 2012 submittal by: Adding ``PM condensable 
emissions'' to the definition of ``regulated NSR pollutant''; adding 
language identifying precursors to NAAQS pollutants to the definition 
of ``regulated NSR pollutant''; deleting the 24-hour de minimis air 
quality impact concentration (or Significant Monitoring Concentration 
(SMC)) value for PM2.5; adding a provision exempting 
requirements of subsection 45CSR14-9 (Requirements Relating to the 
Source's Impact on Air Quality) based on the completeness date of 
permit applications; and, deleting the Significant Impact Levels (SIL) 
provisions in their entirety.
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    \1\ The 2008 NSR PM2.5 Rule (as well as the more 
general PM2.5 NAAQS implementation rule, the 2007 ``Final 
Clean Air Fine Particle Implementation Rule'' (the 2007 
PM2.5 Implementation Rule)), was the subject of 
litigation before the United States Court of Appeals for the 
District of Columbia Circuit (D.C. Circuit) in Natural Resources 
Defense Council v. EPA (hereafter, NRDC v. EPA). 706 F.3d 428 (D.C. 
Cir. 2013). On January 4, 2013, the D.C. Circuit remanded to EPA 
both the 2007 PM2.5 Implementation Rule and the 2008 NSR 
PM2.5 Rule. The court found that in both rules EPA erred 
in implementing the 1997 PM2.5 NAAQS solely pursuant to 
the general implementation provisions of subpart 1 of part D of 
Title I of the CAA (subpart 1), rather than pursuant to the 
additional implementation provisions specific to particulate matter 
in subpart 4 of part D of Title I (subpart 4). As a result, the D.C. 
Circuit remanded both rules and instructed EPA ``to re-promulgate 
these rules pursuant to subpart 4 consistent with this opinion.'' 
Although the D.C. Circuit declined to establish a deadline for EPA's 
response, EPA intends to respond promptly to the court's remand and 
to promulgate new generally applicable implementation regulations 
for the PM2.5 NAAQS in accordance with the requirements 
of subpart 4. In the interim, however, states and EPA still need to 
proceed with implementation of the 1997 PM2.5 NAAQS in a 
timely and effective fashion in order to meet statutory obligations 
under the CAA and to assure the protection of public health intended 
by those NAAQS. As stated in the NPR, the requirements of Subpart 4 
only pertain to nonattainment areas, and thus, EPA does not consider 
the portions of the 2008 NSR PM2.5 Rule that address 
requirements for PM2.5 attainment and unclassifiable 
areas to be affected by the NRDC v. EPA opinion. Moreover, EPA does 
not anticipate the need to revise any PSD permitting requirements 
promulgated in the 2008 NSR PM2.5 Rule in order to comply 
with the D.C. Circuit's decision. As this rulemaking addresses West 
Virginia's PSD regulations, EPA has evaluated the West Virginia 
regulations with applicable PSD requirements in the CAA, its 
implementing regulations, and the 2008 NSR PM2.5 Rule.
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    The 2014 submittal thus addresses and corrects a deficiency in West 
Virginia's PSD permit program previously identified by EPA in its May 
9, 2013 disapproval of a portion of WVDEP's August 31, 2011 SIP 
revision to 45CSR14 section 2.66. See 78 FR 27062 (disapproving a 
narrow portion of West Virginia's August 31, 2011 SIP submittal for 
failure to satisfy requirement that emissions of PM2.5 and 
coarse particulate matter (PM10) shall include gaseous 
emissions which condense to form particulate matter (PM) at ambient 
temperatures). This narrow disapproval extended only to the lack of 
condensable emissions within the definition of ``regulated NSR 
pollutant,'' found at 45CSR14 section 2.66 and did not alter EPA's 
October 17, 2012 (77 FR 63736) approval of the remaining portions of 
West Virginia's August 31, 2011 SIP submittal which addressed other 
provisions in 45CSR14. The 2014 submittal contained a revision to the 
language at 45CSR14 section 2.66.a.1 which now includes PM condensable 
emissions in the definition of ``regulated NSR pollutant.'' In summary, 
the 2014 submittal added PM condensable emissions to the definition of 
``regulated NSR pollutant'' and deleted the SILs and SMC for 
PM2.5 provisions in 45CSR14.
    EPA finds the revisions to 45CSR14 contained in the 2012 submittal 
and the 2014 submittal mirror the PSD requirements of the 2008 NSR 
PM2.5 Rule and meet CAA requirements for the PSD permitting 
program in the CAA and its implementing regulations with certain 
exceptions described in the next paragraph. The 2014 submittal 
addresses and corrects the deficiency identified in EPA's May 9, 2013 
disapproval (78 FR 27062) by adding language to the provision at 
45CSR14 section 2.66.a.1 which now includes PM condensable emissions in 
the definition of ``regulated NSR pollutant.'' Thus, EPA finds West 
Virginia has addressed the deficiency noted in our narrow disapproval 
in 78 FR 27062.
    As discussed in the NPR, the CAA's PSD provisions also establish 
maximum allowable increases over baseline concentrations--also known as 
``increments''--for certain pollutants. EPA has the task of 
promulgating regulations to prevent the significant deterioration of 
air quality that would result from the emissions of pollutants EPA 
began regulating after Congress enacted the PSD provisions in the CAA, 
which includes PM2.5. The PSD provisions establish 
preconstruction review and permitting of new or modified sources of air 
pollution. In 2007, EPA proposed a rule establishing increments for 
PM2.5 and also proposed two screening tools that would 
exempt permit applicants from some air quality analysis and monitoring 
required for PSD: SILs and SMC. See 72 FR 54112 (September 21, 2007). 
In our October 20, 2010 final rule (the PM2.5 PSD 
Increments-SILs-SMC Rule), EPA set values for both SILs and SMC for 
PM2.5. See 75 FR 64864.
    The Sierra Club challenged EPA's authority to implement 
PM2.5 SILs and SMC for PSD purposes as promulgated in the 
PM2.5 PSD Increments-SILs-SMC Rule. See Sierra Club v. EPA, 
705 F.3d 458 (D.C. Cir. 2013). On January 22, 2013, the D.C. Circuit 
granted a request from EPA to vacate and remand to the Agency the 
portions of the PM2.5 PSD Increments-SILs-SMC Rule 
addressing the SILs for PM2.5 (found in paragraph (k)(2) in 
40 CFR 51.166 and 52.21), except for the parts codifying the 
PM2.5 SILs at 40 CFR 51.165(b)(2), so that the EPA could 
voluntarily correct an error in the provisions. Id. at 463-66. The D.C. 
Circuit also vacated parts of the PSD Increments-SILs-SMC Rule 
establishing the PM2.5 SMC, finding that the Agency had 
exceeded its statutory authority with respect to these provisions. Id. 
at 469.
    In response to the D.C. Circuit's decision, EPA took final action 
on December 9, 2013 to remove the SIL provisions from the Federal PSD 
regulations in 40 CFR 52.21 and to revise the SMC for PM2.5 
to zero micrograms per cubic meter. See 78 FR 73698. Because the D.C. 
Circuit vacated the SMC provisions in 40 CFR 51.166(i)(5)(i)(c) and 
52.21(i)(5)(i)(c), EPA revised the existing concentration for the 
PM2.5 SMC listed in sections 51.166(i)(5)(i)(c) and 
52.21(i)(5)(i)(c) to zero micrograms per cubic meter. EPA did not 
entirely remove PM2.5 as a listed pollutant in the SMC 
provisions because to do so might lead to the issuance of permits that 
contradict the holding of the D.C. Circuit as to the statutory 
monitoring requirements. Id. (providing EPA's explanation for including 
the zero micrograms per cubic meter SMC).
    While WVDEP's 2014 submittal appropriately removes SILs for 
PM2.5 consistent with the D.C. Circuit's Sierra Club v. EPA 
decision and our final December 9, 2013 rulemaking (78 FR 73698), West 
Virginia's PSD provision at 45CSR14-16.7.c (included in the 2014 
submittal) does not include a SMC value of zero micrograms per cubic 
meter for PM2.5 consistent with the D.C. Circuit's Sierra 
Club v. EPA decision and our December 9, 2013 rulemaking (78 FR

[[Page 36485]]

73698) which addressed the D.C. Circuit's vacature of the SMC 
provisions in 40 CFR parts 51 and 52 for PM2.5.\2\ 
Therefore, West Virginia's PSD regulation, 45CSR14, does not fully meet 
the requirements for PSD programs as set forth in the 2008 NSR 
PM2.5 Rule, the D.C. Circuit's decision on SILs and SMC in 
Sierra Club v. EPA, and in EPA's December 9, 2013 rulemaking addressing 
that decision for SILs and SMC.
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    \2\ West Virginia had completely deleted the 24-hour 
PM2.5 SMC value in the revised 45CSR14 provisions 
included in the 2014 submittal.
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    However, on January 20, 2015, West Virginia committed to submitting 
an additional SIP revision with a revised PSD regulation at 45CSR14-
16.7.c which will incorporate a SMC value of zero micrograms per cubic 
meter for PM2.5 to address this discrepancy. West Virginia 
committed to submitting this SIP revision no later than one year 
following the effective date of the final rulemaking notice for 
conditional approval of the 2012 and the 2014 submittals so that EPA 
can conditionally approve the 2012 and 2014 submittals.\3\ See CAA 
section 110(k)(4). With the exception of the absence of the SMC value 
of zero micrograms per cubic meter for PM2.5 which WVDEP has 
committed to address, EPA finds the 2012 and 2014 submittals meet 
applicable requirements for a PSD permitting program in the CAA, its 
implementing regulations, and the 2008 NSR PM2.5 Rule.
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    \3\ West Virginia's letter from the Secretary of WVDEP 
committing to submit a revised provision in 45CSR14 to address the 
SMC for PM2.5 is available in the docket for this 
rulemaking (EPA-R03-OAR-2015-0028) and available online at 
www.regulations.gov.
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III. Public Comments and EPA Responses

    Comment. EPA received one comment on the proposed rulemaking which 
states that EPA should not approve the SIP revision until the 
PM2.5 increments are included in the program.
    Response. EPA disagrees that we should not conditionally approve 
the 2012 submittal and 2014 submittal at this time. West Virginia's 
present SIP-approved PSD program retains the PM2.5 
increments at 45CSR14-4 (Ambient Air Quality Increments and Ceilings) 
and will not be affected by this final action.

IV. Final Action

    EPA is conditionally approving the West Virginia SIP revisions, the 
2012 and 2014 submittals, because West Virginia is committing to submit 
an additional SIP revision addressing the deficiency identified by EPA, 
regarding the deletion of the PM2.5 SMC, within one year of 
the effective date of EPA's final conditional approval and because the 
submittals otherwise meet CAA requirements for a PSD permit program in 
the CAA, its implementing regulations, and the 2008 NSR 
PM2.5 Rule as discussed in this rulemaking. Once EPA has 
determined that West Virginia has satisfied this condition, the 
conditional approval of the 2012 and 2014 submittals will become a full 
approval. Should West Virginia fail to meet the condition specified 
above, the conditional approval of the 2012 and 2014 submittals will 
convert to a disapproval pursuant to CAA section 110(k)(4).
    The full or partial disapproval of a SIP revision triggers the 
requirement under CAA section 110(c) that EPA promulgate a federal 
implementation plan (FIP) no later than two years from the date of the 
disapproval unless the State corrects the deficiency, and the 
Administrator approves the plan or plan revision before the 
Administrator promulgates such FIP. EPA has determined that West 
Virginia's 2014 submittal has rectified the deficiency regarding 
including condensables in the definition of regulated NSR pollutant 
noted in our narrow disapproval in 78 FR 27062. Therefore, with this 
action, EPA is no longer required to promulgate a FIP to address the 
issue of PM condensables in the definition of regulated NSR pollutant 
for West Virginia's PSD permit program, and EPA removes our narrow 
disapproval of the August 31, 2011 SIP revision to 45CSR14, section 
2.66 (for failure to include condensables in definition of regulated 
NSR pollutant). However, EPA is conditionally approving the 2012 and 
2014 submittals due to West Virginia's lack of an appropriate 
PM2.5 SMC. If West Virginia fails to meet the condition and 
this conditional approval becomes a disapproval, the disapproval will 
trigger the CAA 110(c) requirement for EPA to promulgate a FIP no later 
than two years from the date of the disapproval which will address the 
SMC deficiency in West Virginia's PSD permit program.

V. Incorporation by Reference

    In this rulemaking action the EPA is finalizing regulatory text 
that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by 
reference of 45CSR14 (Permits for Construction and Major Modification 
of Major Stationary Sources for the Prevention of Significant 
Deterioration) described in the amendments to 40 CFR part 52 set forth 
below.
    The EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the appropriate EPA office (see the ADDRESSES section 
of this preamble for more information).

VI. 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 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

[[Page 36486]]

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 August 24, 2015. 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, which conditionally approves two SIP revisions 
submitted by the WVDEP for the State of West Virginia on July 1, 2014 
and June 6, 2012, 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, Incorporation by 
reference, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 9, 2015.
William C. Early,
Acting Regional Administrator, Region III.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart XX--West Virginia

0
2. In Sec.  52.2520, the table in paragraph (c) is amended by revising 
the entries for [45 CSR] Series 14 to read as follows:


Sec.  52.2520  Identification of plan.

* * * * *
    (c) * * *

                                EPA-Approved Regulations in the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
                                                                                                  Additional
State citation [Chapter 16-20 or                        State effective                          explanation/
            45 CSR ]                 Title/subject           date         EPA approval date   citation at 40 CFR
                                                                                                    52.2565
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 [45CSR] Series 14 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution
                                 for the Prevention of Significant Deterioration
----------------------------------------------------------------------------------------------------------------
Section 45-14-1.................  General............        06/01/2013  06/25/2015, [Insert  Conditional
                                                                          Federal Register     Approval. See 40
                                                                          citation].           CFR 52.2522(k).
Section 45-14-2.................  Definitions........        06/01/2013  06/25/2015, [Insert  Conditional
                                                                          Federal Register     Approval. See 40
                                                                          citation].           CFR 52.2522(k).
Section 45-14-3.................  Applicability......        06/01/2013  06/25/2015, [Insert  Conditional
                                                                          Federal Register     Approval. See 40
                                                                          citation].           CFR 52.2522(k).
Section 45-14-4.................  Ambient Air Quality        06/01/2013  06/25/2015, [Insert  Conditional
                                   Increments and                         Federal Register     Approval. See 40
                                   Ceilings.                              citation].           CFR 52.2522(k).
Section 45-14-5.................  Area Classification        06/01/2013  06/25/2015, [Insert  Conditional
                                                                          Federal Register     Approval. See 40
                                                                          citation].           CFR 52.2522(k).
Section 45-14-6.................  Prohibition of             06/01/2013  06/25/2015, [Insert  Conditional
                                   Dispersion                             Federal Register     Approval. See 40
                                   Enhancement                            citation].           CFR 52.2522(k).
                                   Techniques.
Section 45-14-7.................  Registration,              06/01/2013  06/25/2015, [Insert  Conditional
                                   Report and Permit                      Federal Register     Approval. See 40
                                   Requirements for                       citation].           CFR 52.2522(k).
                                   Major Stationary
                                   Sources and Major
                                   Modifications.
Section 45-14-8.................  Requirements               06/01/2013  06/25/2015, [Insert  Conditional
                                   Relating to                            Federal Register     Approval. See 40
                                   Control Technology.                    citation].           CFR 52.2522(k).
Section 45-14-9.................  Requirements               06/01/2013  06/25/2015, [Insert  Conditional
                                   Relating to the                        Federal Register     Approval. See 40
                                   Source's Impact on                     citation].           CFR 52.2522(k).
                                   Air Quality.
Section 45-14-10................  Modeling                   06/01/2013  06/25/2015, [Insert  Conditional
                                   Requirements.                          Federal Register     Approval. See 40
                                                                          citation].           CFR 52.2522(k).
Section 45-14-11................  Air Quality                06/01/2013  06/25/2015, [Insert  Conditional
                                   Monitoring                             Federal Register     Approval. See 40
                                   Requirements.                          citation].           CFR 52.2522(k).
Section 45-14-12................  Additional Impacts         06/01/2013  06/25/2015, [Insert  Conditional
                                   Analysis                               Federal Register     Approval. See 40
                                   Requirements.                          citation].           CFR 52.2522(k).
Section 45-14-13................  Additional                 06/01/2013  06/25/2015, [Insert  Conditional
                                   Requirements and                       Federal Register     Approval. See 40
                                   Variances for                          citation].           CFR 52.2522(k).
                                   Source Impacting
                                   Federal Class 1
                                   Areas.
Section 45-14-14................  Procedures for             06/01/2013  06/25/2015, [Insert  Conditional
                                   Sources Employing                      Federal Register     Approval. See 40
                                   Innovative Control                     citation].           CFR 52.2522(k).
                                   Technology.

[[Page 36487]]

 
Section 45-14-15................  Exclusions From            06/01/2013  06/25/2015, [Insert  Conditional
                                   Increment                              Federal Register     Approval. See 40
                                   Consumption.                           citation].           CFR 52.2522(k).
Section 45-14-16................  Specific Exemptions        06/01/2013  06/25/2015, [Insert  Conditional
                                                                          Federal Register     Approval. See 40
                                                                          citation].           CFR 52.2522(k).
Section 45-14-17................  Public Review              06/01/2013  06/25/2015, [Insert  Conditional
                                   Procedures.                            Federal Register     Approval. See 40
                                                                          citation].           CFR 52.2522(k).
Section 45-14-18................  Public Meetings....        06/01/2013  06/25/2015, [Insert  Conditional
                                                                          Federal Register     Approval. See 40
                                                                          citation].           CFR 52.2522(k).
Section 45-14-19................  Permit Transfer,           06/01/2013  06/25/2015, [Insert  Conditional
                                   Cancellation and                       Federal Register     Approval. See 40
                                   Responsibility.                        citation].           CFR 52.2522(k).
Section 45-14-20................  Disposition of             06/01/2013  06/25/2015, [Insert  Conditional
                                   Permits.                               Federal Register     Approval. See 40
                                                                          citation].           CFR 52.2522(k).
Section 45-14-21................  Conflict with Other        06/01/2013  06/25/2015, [Insert  Conditional
                                   Permitting Rules.                      Federal Register     Approval. See 40
                                                                          citation].           CFR 52.2522(k).
Section 45-14-25................  Actual PALs........        06/01/2013  06/25/2015, [Insert  Conditional
                                                                          Federal Register     Approval. See 40
                                                                          citation].           CFR 52.2522(k).
Section 45-14-26................  Inconsistency              06/01/2013  06/25/2015, [Insert  Conditional
                                   Between Rules.                         Federal Register     Approval. See 40
                                                                          citation].           CFR 52.2522(k).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Section 52.2522 is amended by revising the section heading and 
adding paragraph (k) to read as follows:


Sec.  52.2522  Identification of plan-conditional approval.

* * * * *
    (k) EPA is conditionally approving two West Virginia State 
Implementation Plan (SIP) revisions submitted on July 1, 2014 and June 
6, 2012 relating to revisions to 45CSR14 (Permits for Construction and 
Major Modification of Major Stationary Sources of Air Pollution for the 
Prevention of Significant Deterioration) for failure to include a 
significant monitoring concentration value (SMC) of zero micrograms per 
cubic meter for fine particulate matter (PM2.5). The 
conditional approval is based upon a commitment from the State to 
submit an additional SIP revision with a revised regulation at 45CSR14-
16.7.c which will incorporate a SMC value of zero micrograms per cubic 
meter for PM2.5 to address this discrepancy and to be 
consistent with federal requirements. If the State fails to meet its 
commitment by June 24, 2016, the approval is treated as a disapproval.

[FR Doc. 2015-15530 Filed 6-24-15; 8:45 am]
 BILLING CODE 6560-50-P