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]
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[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
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SUMMARY:
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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
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Adds section 129.67a.
Adds section 129.67b.
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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
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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.
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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
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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
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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
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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.
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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
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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
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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
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Identification of plan.
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EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP
State citation [Chapter 16–
20 or 45 CSR ]
*
State effective
date
Title/subject
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Additional explanation/
citation at 40 CFR
52.2565
EPA approval date
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[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 ..............
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Section 45–14–9 ..............
Section 45–14–13 ............
Section 45–14–14 ............
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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).
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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 https://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 https://
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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\2\ West Virginia had completely deleted the 24-hour
PM2.5 SMC value in the revised 45CSR14 provisions
included in the 2014 submittal.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
