Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Prevention of Significant Deterioration and Approval of Infrastructure State Implementation Plans for Specific National Ambient Air Quality Standards, 53008-53012 [2016-18518]
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Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations
1. The authority citation for part 50
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In appendix N to part 50, in section
4.4, Equation 2 is revised to read as
follows:
■
Appendix N to Part 50—Interpretation
of the National Ambient Air Quality
Standards for PM2.5
*
*
*
*
*
4.4 Equations for the Annual PM2.5
NAAQS
*
*
*
*
*
(b) * * *
Where:
Xy = the annual mean concentration for year
y (y = 1, 2, or 3);
nQy = the number of complete quarters Q in
year y; and
Xqy = the mean for quarter q of year y (result
of equation 1).
*
*
*
*
*
[FR Doc. 2016–19034 Filed 8–10–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2015–0539; FRL–9950–29–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Prevention of Significant
Deterioration and Approval of
Infrastructure State Implementation
Plans for Specific National Ambient Air
Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the West Virginia
Department of Environmental Protection
(WVDEP) for the State of West Virginia
on June 3, 2015. This revision pertains
to West Virginia’s Prevention of
SUMMARY:
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15:58 Aug 10, 2016
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Significant Deterioration (PSD) permit
program regulations for preconstruction
permitting requirements for major
sources. The revision includes a change
in West Virginia’s PSD regulations
related to emissions of fine particulate
matter (PM2.5). The State’s June 3, 2015
submittal satisfies its obligations
pursuant to an earlier rulemaking in
which EPA granted final conditional
approval of West Virginia’s PSD
implementing regulations. This action
also addresses specific infrastructure
program elements specified in Clean Air
Act (CAA) section 110(a)(2) necessary to
implement, maintain, and enforce
several national ambient air quality
standards (NAAQS). This action is being
taken under the CAA.
DATES: This final rule is effective on
September 12, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2015–0539. 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 through www.regulations.gov
or may be viewed 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:
On January 11, 2016 (81 FR 1133),
EPA published a notice of proposed
rulemaking (NPR) for the State of West
Virginia. In the NPR, EPA proposed
approval of a revision to West Virginia’s
PSD permit program regulations for
preconstruction permitting
requirements for major sources. The
revision includes revised West Virginia
PSD regulations related to emissions of
PM2.5. The formal SIP revision was
submitted by the State of West Virginia
on June 3, 2015.
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Fmt 4700
The SIP revision submitted by
WVDEP on June 3, 2015 pertains to
revisions to its PSD permit program
regulations at 45CSR14–16.7.c that
establish a significant monitoring
concentration (SMC) value of zero
micrograms per cubic meter for PM2.5.
The submission of this revision allows
EPA to change its conditional approval
of 45CSR14 to a full approval. Because
this submission fulfills the commitment
made by West Virginia in the final
conditional approval of West Virginia’s
earlier submittals of revisions to
45CSR14 as discussed in the NPR, EPA
is now fully approving West Virginia’s
PSD regulations at 45CSR14 in its
entirety as 45CSR14 meets requirements
in the CAA and its implementing
regulations and removing the prior
conditional approval. See 80 FR 36483
(final conditional approval of prior SIP
submissions of revisions to 45CSR14).
With its submittal, West Virginia has
made all of the changes to its PSD
implementing regulations necessary to
address PM2.5 as prescribed by the CAA,
40 CFR 51.166, and the May 16, 2008
new source review implementation rule
for PM2.5 at 73 FR 28321. Because West
Virginia’s regulations at 45CSR14 fully
meet the federal requirements for PSD
in the CAA, EPA also found that West
Virginia’s PSD program now addresses
specific PSD-related portions of the
infrastructure program elements in
section 110(a)(2) of the CAA for the
1997 ozone and PM2.5 NAAQS, the 2006
PM2.5 NAAQS, the 2008 lead and ozone
NAAQS, and the 2010 nitrogen dioxide
(NO2) and sulfur dioxide (SO2) NAAQS.
Other specific requirements of and the
rationale for EPA’s approval action of
West Virginia’s revised PSD regulations
and relevant infrastructure SIP revisions
for several NAAQS are explained in the
NPR and will not be restated here. No
public comments were received on the
NPR.
III. Final Action
I. Background
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II. Summary of SIP Revision
Sfmt 4700
EPA is approving this SIP revision
submitted by WVDEP as a revision to
the West Virginia SIP for its PSD
program and removing a prior
conditional approval on the PSD
program. In this action, EPA is also
approving several of West Virginia’s
infrastructure SIP revisions as meeting
the PSD elements of section 110(a)(2) of
the CAA for the 1997 ozone and PM2.5
NAAQS, the 2006 PM2.5 NAAQS, the
2008 lead and ozone NAAQS, and the
2010 NO2 and SO2 NAAQS.
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PART 50—NATIONAL PRIMARY AND
SECONDARY AMBIENT AIR QUALITY
STANDARDS
Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations
IV. Incorporation by Reference
In this rule 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–
16.7.c, 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 may be
viewed at the appropriate EPA office
(see the ADDRESSES section of this
preamble for more information).
V. Statutory and Executive Order
Reviews
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A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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);
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• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 11, 2016. 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
revises West Virginia’s PSD regulations
related to emissions of PM2.5 and which
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approves portions of several
infrastructure SIPs as addressing PSD
elements in CAA section 110(a)(2) 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: July 25, 2016.
Shawn M. Garvin,
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:
a. The table in paragraph (c) is
amended by revising the entries for
45CSR Series 14.
■ b. The table in paragraph (e) is
amended by revising the entries for:
■ i. Section 110(a)(2) Infrastructure
Requirements for the 1997 8-Hour
Ozone NAAQS,
■ ii. Section 110(a)(2) Infrastructure
Requirements for the 1997 PM2.5
NAAQS,
■ iii. Section 110(a)(2) Infrastructure
Requirements for the 2006 PM2.5
NAAQS,
■ iv. Section 110(a)(2) Infrastructure
Requirements for the 2008 Lead
NAAQS,
■ v. Section 110(a)(2) Infrastructure
Requirements for the 2008 8-Hour
Ozone NAAQS,
■ vi. Section 110(a)(2) Infrastructure
Requirements for the 2010 Nitrogen
Dioxide NAAQS, and
■ vii. Section 110(a)(2) Infrastructure
Requirements for the 2010 1-Hour
Sulfur Dioxide NAAQS.
The revised text reads as follows:
■
■
§ 52.2520
*
Identification of plan.
*
*
(c) * * *
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Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations
EPA–APPROVED REGULATIONS IN THE WEST VIRGINIA SIP
State citation
[Chapter 16–20 or 45
CSR ]
*
State effective
date
Title/Subject
*
*
*
EPA Approval date
*
*
Additional explanation/
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 ..........
Section 45–14–2 ..........
Section 45–14–3 ..........
Section 45–14–4 ..........
Section 45–14–5 ..........
Section 45–14–6 ..........
Section 45–14–7 ..........
Section 45–14–8 ..........
Section 45–14–9 ..........
Section 45–14–10 ........
Section 45–14–11 ........
Section 45–14–12 ........
Section 45–14–13 ........
Section 45–14–14 ........
Section 45–14–15 ........
Section 45–14–16 ........
Section 45–14–17 ........
Section 45–14–18 ........
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Section 45–14–19 ........
Section 45–14–20 ........
Section 45–14–21 ........
VerDate Sep<11>2014
General ..............................................................
Definitions ..........................................................
Applicability ........................................................
Ambient Air Quality Increments and Ceilings ...
Area Classification .............................................
06/01/2015
06/01/2015
06/01/2015
06/01/2015
06/01/2015
Prohibition of Dispersion Enhancement Techniques.
06/01/2015
Registration, Report and Permit Requirements
for Major Stationary Sources and Major
Modifications.
Requirements Relating to Control Technology
06/01/2015
06/01/2015
Requirements Relating to the Source’s Impact
on Air Quality.
06/01/2015
Modeling Requirements .....................................
06/01/2015
Air Quality Monitoring Requirements ................
Additional Impacts Analysis Requirements .......
06/01/2015
06/01/2015
Additional Requirements and Variances for
Source Impacting Federal Class 1 Areas.
06/01/2015
Procedures for Sources Employing Innovative
Control Technology.
06/01/2015
Exclusions From Increment Consumption ........
06/01/2015
Specific Exemptions ..........................................
Public Review Procedures ................................
Public Meetings .................................................
06/01/2015
06/01/2015
06/01/2015
Permit Transfer, Cancellation and Responsibility.
06/01/2015
Disposition of Permits ........................................
06/01/2015
Conflict with Other Permitting Rules .................
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06/01/2015
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tation].
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Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations
EPA–APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued
State citation
[Chapter 16–20 or 45
CSR ]
Title/Subject
Section 45–14–25 ........
Actual PALs .......................................................
06/01/2015
Section 45–14–26 ........
Inconsistency Between Rules ...........................
06/01/2015
*
*
*
*
*
*
*
*
*
EPA Approval date
Applicable
geographic
area
*
State submittal date
*
Section 110(a)(2) Infrastructure
Requirements for the 1997 8Hour Ozone NAAQS.
08/11/2016, [Insert
Federal Register citation].
08/11/2016, [Insert
Federal Register citation].
*
Section 110(a)(2) Infrastructure
Requirements for the 1997
PM2.5 NAAQS.
Statewide
*
*
Statewide
12/3/07, 5/21/08 .........
8/4/11, 76 FR 47062
10/17/12, 77 FR
63736.
8/11/2016, ..................
[Insert Federal Register citation].
8/4/11, 76 FR 47062
4/3/08, 5/21/08, 7/9/
08, 3/18/10.
12/11/07, 4/3/08, 8/31/
11.
Statewide
10/17/12, 77 FR
63736.
6/1/2015 .....................
Section 110(a)(2) Infrastructure
Requirements for the 2006
PM2.5 NAAQS.
8/11/2016, ..................
[Insert Federal Register citation].
8/4/11, 76 FR 47062
10/1/09, 3/18/10 .........
10/1/09, 8/31/11 .........
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10/17/12, 77 FR
63736.
6/1/2015 .....................
15:58 Aug 10, 2016
8/11/2016, ..................
[Insert Federal Register citation].
PO 00000
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Additional explanation
*
6/1/2015 .....................
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*
EPA Approval date
12/3/07, 12/11/07, 8/
31/11.
VerDate Sep<11>2014
Additional explanation/
Citation at 40 CFR
52.2565
(e) * * *
Name of non-regulatory
SIP revision
*
State effective
date
Sfmt 4700
*
*
This action addresses the following CAA elements or portions thereof: 110(a)(2)(A),
(B), (C), (D)(ii), (E), (F), (G), (H), (J), (K),
(L), and (M).
Approval of the following PSD-related elements
or
portions
thereof:
110(a)(2)(D)(i)(II), except taking no action
on the definition of ‘‘regulated NSR pollutant’’ found at 45CSR14 section 2.66 only
as it relates to the requirement to include
condensable emissions of particulate matter in that definition. See § 52.2522(i).
Approval
of
PSD-related
element
110(a)(2)(D)(i)(II). See § 52.2520.
This action addresses the following CAA elements or portions thereof: 110(a)(2)(A),
(B), (C), (D)(ii), (E), (F), (G), (H), (J), (K),
(L), and (M).
Approval of the following PSD-related elements or portions thereof: 110(a)(2)(D)
(i)(II), except taking no action on the definition of ‘‘regulated NSR pollutant’’ found
at 45CSR14 section 2.66 only as it relates
to the requirement to include condensable
emissions of particulate matter in that definition. See § 52.2522(i).
Approval
of
PSD-related
element
110(a)(2)(D)(i)(II). See § 52.2520.
This action addresses the following CAA elements or portions thereof: 110(a)(2)(A),
(B), (C), (D)(ii), (E), (F), (G), (H), (J), (K),
(L), and (M).
Approval of the following PSD-related elements or portions thereof: 110(a)(2)(D)
(i)(II), except taking no action on the definition of ‘‘regulated NSR pollutant’’ found
at 45CSR14 section 2.66 only as it relates
to the requirement to include condensable
emissions of particulate matter in that definition. See § 52.2522(i).
Approval
of
PSD-related
element
110(a)(2)(D)(i)(II). See § 52.2520.
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Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations
Applicable
geographic
area
Name of non-regulatory
SIP revision
*
*
Section 110(a)(2) Infrastructure
Requirements for the 2008
Lead NAAQS.
Statewide
State submittal date
EPA Approval date
*
*
*
10/26/11 ..................... 9/10/12, 77 FR 55417
8/31/11, 10/26/11 .......
6/1/2015 .....................
Section 110(a)(2) Infrastructure
Requirements for the 2008 8Hour Ozone NAAQS.
Statewide
10/17/12, 77 FR
63736.
8/11/2016, ..................
[Insert Federal Register citation].
10/17/12, 77 FR
63736.
8/31/11, 2/17/12 .........
2/17/12 .......................
4/7/2014, ....................
79 FR 19001 ..............
7/24/14 .......................
3/9/15, ........................
80 FR 12348 ..............
8/11/2016, ..................
[Insert Federal Register citation].
6/1/2015 .....................
*
*
Section 110(a)(2) Infrastructure
Requirements for the 2010 Nitrogen Dioxide NAAQS.
Statewide
*
*
*
12/13/12 ..................... 1/22/14, 78 FR 3504
7/24/14 .......................
6/1/2015 .....................
*
*
Section 110(a)(2) Infrastructure
Requirements for the 2010 1Hour Sulfur Dioxide NAAQS.
Statewide
*
*
*
6/25/13 ....................... 10/16/14, 79 FR
62035.
7/24/14 .......................
6/1/2015 .....................
*
*
*
[FR Doc. 2016–18518 Filed 8–10–16; 8:45 am]
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BILLING CODE 6560–50–P
3/9/15, 80 FR 12348
8/11/2016, ..................
[Insert Federal Register citation].
3/9/15, 80 FR 12348
8/11/2016, ..................
[Insert Federal Register citation].
*
ENVIRONMENTAL PROTECTION
AGENCY
Aminocyclopyrachlor; Pesticide
Tolerances
Environmental Protection
Agency (EPA).
AGENCY:
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Approval
of
110(a)(2)(C),
§ 52.2520.
Sfmt 4700
PSD-related
(D)(i)(II), and
element
(J). See
*
*
This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D), (E), (F),
(G), (H), (J), (K), (L), and (M), or portions
thereof.
Addresses CAA element 110(a)(2)(E)(ii).
Approval
of
PSD-related
element
110(a)(2)(C), (D)(i)(II), and (J). See
§ 52.2520.
*
*
This action addresses the following CAA elements: 110(a)(2)(A), (B), (C) (enforcement
and minor new source review), (D)(ii),
(E)(i) and (iii), (F), (G), (H), (J) (consultation, public notification, and visibility protection), (K), (L), and (M).
Addresses CAA element 110(a)(2)(E)(ii).
Approval
of
PSD-related
element
110(a)(2)(C), (D)(i)(II), and (J). See
§ 52.2520.
*
ACTION:
*
Final rule.
This regulation establishes
tolerances for residues of
aminocyclopyrachlor in or on milk and
livestock commodities imported into the
United States, which are identified and
discussed later in this document. E.I. du
Pont de Nemours and Company
requested these tolerances under the
SUMMARY:
[EPA–HQ–OPP–2011–0144; FRL–9944–48]
15:58 Aug 10, 2016
*
*
This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D), (E), (F),
(G), (H), (J), (K), (L), and (M), or portions
thereof.
Approval of the following elements or portions thereof: 110(a)(2)(C), (D)(i)(II), and
(J), except taking no action on the definition of ‘‘regulated NSR pollutant’’ found at
45CSR14 section 2.66 only as it relates to
the requirement to include condensable
emissions of particulate matter in that definition. See § 52.2522(i).
Approval
of
PSD-related
element
110(a)(2)(C), (D)(i)(II), and (J). See
§ 52.2520.
Approval of the following PSD-related elements or portions thereof: 110(a)(2)(C),
(D)(i)(II), and (J), except taking no action
on the definition of ‘‘regulated NSR pollutant’’ found at 45CSR14 section 2.66 only
as it relates to the requirement to include
condensable emissions of particulate matter in that definition. See § 52.2522(i).
This action addresses the following CAA elements, or portions thereof: 110(a)(2)(A),
(B), (C), (D), (E), (F), (G), (H), (J), (K), (L),
and (M).
Addresses CAA element 110(a)(2)(E)(ii).
*
40 CFR Part 180
VerDate Sep<11>2014
Additional explanation
E:\FR\FM\11AUR1.SGM
11AUR1
]]>Agencies
[Federal Register Volume 81, Number 155 (Thursday, August 11, 2016)]
[Rules and Regulations]
[Pages 53008-53012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18518]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2015-0539; FRL-9950-29-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Prevention of Significant Deterioration and Approval of
Infrastructure State Implementation Plans for Specific National Ambient
Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the West Virginia
Department of Environmental Protection (WVDEP) for the State of West
Virginia on June 3, 2015. This revision pertains to West Virginia's
Prevention of Significant Deterioration (PSD) permit program
regulations for preconstruction permitting requirements for major
sources. The revision includes a change in West Virginia's PSD
regulations related to emissions of fine particulate matter
(PM2.5). The State's June 3, 2015 submittal satisfies its
obligations pursuant to an earlier rulemaking in which EPA granted
final conditional approval of West Virginia's PSD implementing
regulations. This action also addresses specific infrastructure program
elements specified in Clean Air Act (CAA) section 110(a)(2) necessary
to implement, maintain, and enforce several national ambient air
quality standards (NAAQS). This action is being taken under the CAA.
DATES: This final rule is effective on September 12, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2015-0539. 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 through www.regulations.gov or may be viewed 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 January 11, 2016 (81 FR 1133), EPA published a notice of
proposed rulemaking (NPR) for the State of West Virginia. In the NPR,
EPA proposed approval of a revision to West Virginia's PSD permit
program regulations for preconstruction permitting requirements for
major sources. The revision includes revised West Virginia PSD
regulations related to emissions of PM2.5. The formal SIP
revision was submitted by the State of West Virginia on June 3, 2015.
II. Summary of SIP Revision
The SIP revision submitted by WVDEP on June 3, 2015 pertains to
revisions to its PSD permit program regulations at 45CSR14-16.7.c that
establish a significant monitoring concentration (SMC) value of zero
micrograms per cubic meter for PM2.5. The submission of this
revision allows EPA to change its conditional approval of 45CSR14 to a
full approval. Because this submission fulfills the commitment made by
West Virginia in the final conditional approval of West Virginia's
earlier submittals of revisions to 45CSR14 as discussed in the NPR, EPA
is now fully approving West Virginia's PSD regulations at 45CSR14 in
its entirety as 45CSR14 meets requirements in the CAA and its
implementing regulations and removing the prior conditional approval.
See 80 FR 36483 (final conditional approval of prior SIP submissions of
revisions to 45CSR14).
With its submittal, West Virginia has made all of the changes to
its PSD implementing regulations necessary to address PM2.5
as prescribed by the CAA, 40 CFR 51.166, and the May 16, 2008 new
source review implementation rule for PM2.5 at 73 FR 28321.
Because West Virginia's regulations at 45CSR14 fully meet the federal
requirements for PSD in the CAA, EPA also found that West Virginia's
PSD program now addresses specific PSD-related portions of the
infrastructure program elements in section 110(a)(2) of the CAA for the
1997 ozone and PM2.5 NAAQS, the 2006 PM2.5 NAAQS,
the 2008 lead and ozone NAAQS, and the 2010 nitrogen dioxide
(NO2) and sulfur dioxide (SO2) NAAQS. Other
specific requirements of and the rationale for EPA's approval action of
West Virginia's revised PSD regulations and relevant infrastructure SIP
revisions for several NAAQS are explained in the NPR and will not be
restated here. No public comments were received on the NPR.
III. Final Action
EPA is approving this SIP revision submitted by WVDEP as a revision
to the West Virginia SIP for its PSD program and removing a prior
conditional approval on the PSD program. In this action, EPA is also
approving several of West Virginia's infrastructure SIP revisions as
meeting the PSD elements of section 110(a)(2) of the CAA for the 1997
ozone and PM2.5 NAAQS, the 2006 PM2.5 NAAQS, the
2008 lead and ozone NAAQS, and the 2010 NO2 and
SO2 NAAQS.
[[Page 53009]]
IV. Incorporation by Reference
In this rule 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-
16.7.c, 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 may be
viewed at the appropriate EPA office (see the ADDRESSES section of this
preamble for more information).
V. 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 11, 2016. 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 revises West Virginia's PSD regulations
related to emissions of PM2.5 and which approves portions of
several infrastructure SIPs as addressing PSD elements in CAA section
110(a)(2) 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: July 25, 2016.
Shawn M. Garvin,
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:
0
a. The table in paragraph (c) is amended by revising the entries for
45CSR Series 14.
0
b. The table in paragraph (e) is amended by revising the entries for:
0
i. Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour
Ozone NAAQS,
0
ii. Section 110(a)(2) Infrastructure Requirements for the 1997
PM2.5 NAAQS,
0
iii. Section 110(a)(2) Infrastructure Requirements for the 2006
PM2.5 NAAQS,
0
iv. Section 110(a)(2) Infrastructure Requirements for the 2008 Lead
NAAQS,
0
v. Section 110(a)(2) Infrastructure Requirements for the 2008 8-Hour
Ozone NAAQS,
0
vi. Section 110(a)(2) Infrastructure Requirements for the 2010 Nitrogen
Dioxide NAAQS, and
0
vii. Section 110(a)(2) Infrastructure Requirements for the 2010 1-Hour
Sulfur Dioxide NAAQS.
The revised text reads as follows:
Sec. 52.2520 Identification of plan.
* * * * *
(c) * * *
[[Page 53010]]
EPA-Approved Regulations in the West Virginia SIP
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Additional
State citation [Chapter 16-20 State effective explanation/
or 45 CSR ] Title/Subject date EPA Approval date Citation at 40
CFR 52.2565
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* * * * * * *
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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................ 06/01/2015 08/11/2016, .................
[Insert Federal
Register
citation].
Section 45-14-2................ Definitions............ 06/01/2015 08/11/2016, .................
[Insert Federal
Register
citation].
Section 45-14-3................ Applicability.......... 06/01/2015 08/11/2016, .................
[Insert Federal
Register
citation].
Section 45-14-4................ Ambient Air Quality 06/01/2015 08/11/2016, .................
Increments and [Insert Federal
Ceilings. Register
citation].
Section 45-14-5................ Area Classification.... 06/01/2015 08/11/2016, .................
[Insert Federal
Register
citation].
Section 45-14-6................ Prohibition of 06/01/2015 08/11/2016, .................
Dispersion Enhancement [Insert Federal
Techniques. Register
citation].
Section 45-14-7................ Registration, Report 06/01/2015 08/11/2016, .................
and Permit [Insert Federal
Requirements for Major Register
Stationary Sources and citation].
Major Modifications.
Section 45-14-8................ Requirements Relating 06/01/2015 08/11/2016, .................
to Control Technology. [Insert Federal
Register
citation].
Section 45-14-9................ Requirements Relating 06/01/2015 08/11/2016, .................
to the Source's Impact [Insert Federal
on Air Quality. Register
citation].
Section 45-14-10............... Modeling Requirements.. 06/01/2015 08/11/2016, .................
[Insert Federal
Register
citation].
Section 45-14-11............... Air Quality Monitoring 06/01/2015 08/11/2016, .................
Requirements. [Insert Federal
Register
citation].
Section 45-14-12............... Additional Impacts 06/01/2015 08/11/2016, .................
Analysis Requirements. [Insert Federal
Register
citation].
Section 45-14-13............... Additional Requirements 06/01/2015 08/11/2016, .................
and Variances for [Insert Federal
Source Impacting Register
Federal Class 1 Areas. citation].
Section 45-14-14............... Procedures for Sources 06/01/2015 08/11/2016, .................
Employing Innovative [Insert Federal
Control Technology. Register
citation].
Section 45-14-15............... Exclusions From 06/01/2015 08/11/2016, .................
Increment Consumption. [Insert Federal
Register
citation].
Section 45-14-16............... Specific Exemptions.... 06/01/2015 08/11/2016, .................
[Insert Federal
Register
citation].
Section 45-14-17............... Public Review 06/01/2015 08/11/2016, .................
Procedures. [Insert Federal
Register
citation].
Section 45-14-18............... Public Meetings........ 06/01/2015 08/11/2016, .................
[Insert Federal
Register
citation].
Section 45-14-19............... Permit Transfer, 06/01/2015 08/11/2016, .................
Cancellation and [Insert Federal
Responsibility. Register
citation].
Section 45-14-20............... Disposition of Permits. 06/01/2015 08/11/2016, .................
[Insert Federal
Register
citation].
Section 45-14-21............... Conflict with Other 06/01/2015 08/11/2016, .................
Permitting Rules. [Insert Federal
Register
citation].
[[Page 53011]]
Section 45-14-25............... Actual PALs............ 06/01/2015 08/11/2016, .................
[Insert Federal
Register
citation].
Section 45-14-26............... Inconsistency Between 06/01/2015 08/11/2016, .................
Rules. [Insert Federal
Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State submittal
revision geographic area date EPA Approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 110(a)(2) Statewide........ 12/3/07, 5/21/08. 8/4/11, 76 FR This action addresses
Infrastructure Requirements 47062. the following CAA
for the 1997 8-Hour Ozone elements or portions
NAAQS. thereof:
110(a)(2)(A), (B),
(C), (D)(ii), (E),
(F), (G), (H), (J),
(K), (L), and (M).
12/3/07, 12/11/ 10/17/12, 77 FR Approval of the
07, 8/31/11. 63736. following PSD-related
elements or portions
thereof:
110(a)(2)(D)(i)(II),
except taking no
action on the
definition of
``regulated NSR
pollutant'' found at
45CSR14 section 2.66
only as it relates to
the requirement to
include condensable
emissions of
particulate matter in
that definition. See
Sec. 52.2522(i).
6/1/2015......... 8/11/2016,....... Approval of PSD-
[Insert Federal related element
Register 110(a)(2)(D)(i)(II).
citation]. See Sec. 52.2520.
Section 110(a)(2) Statewide........ 4/3/08, 5/21/08, 8/4/11, 76 FR This action addresses
Infrastructure Requirements 7/9/08, 3/18/10. 47062. the following CAA
for the 1997 PM2.5 NAAQS. elements or portions
thereof:
110(a)(2)(A), (B),
(C), (D)(ii), (E),
(F), (G), (H), (J),
(K), (L), and (M).
12/11/07, 4/3/08, 10/17/12, 77 FR Approval of the
8/31/11. 63736. following PSD-related
elements or portions
thereof: 110(a)(2)(D)
(i)(II), except
taking no action on
the definition of
``regulated NSR
pollutant'' found at
45CSR14 section 2.66
only as it relates to
the requirement to
include condensable
emissions of
particulate matter in
that definition. See
Sec. 52.2522(i).
6/1/2015......... 8/11/2016,....... Approval of PSD-
[Insert Federal related element
Register 110(a)(2)(D)(i)(II).
citation]. See Sec. 52.2520.
Section 110(a)(2) Statewide........ 10/1/09, 3/18/10. 8/4/11, 76 FR This action addresses
Infrastructure Requirements 47062. the following CAA
for the 2006 PM2.5 NAAQS. elements or portions
thereof:
110(a)(2)(A), (B),
(C), (D)(ii), (E),
(F), (G), (H), (J),
(K), (L), and (M).
10/1/09, 8/31/11. 10/17/12, 77 FR Approval of the
63736. following PSD-related
elements or portions
thereof: 110(a)(2)(D)
(i)(II), except
taking no action on
the definition of
``regulated NSR
pollutant'' found at
45CSR14 section 2.66
only as it relates to
the requirement to
include condensable
emissions of
particulate matter in
that definition. See
Sec. 52.2522(i).
6/1/2015......... 8/11/2016,....... Approval of PSD-
[Insert Federal related element
Register 110(a)(2)(D)(i)(II).
citation]. See Sec. 52.2520.
[[Page 53012]]
* * * * * * *
Section 110(a)(2) Statewide........ 10/26/11......... 9/10/12, 77 FR This action addresses
Infrastructure Requirements 55417. the following CAA
for the 2008 Lead NAAQS. elements:
110(a)(2)(A), (B),
(C), (D), (E), (F),
(G), (H), (J), (K),
(L), and (M), or
portions thereof.
8/31/11, 10/26/11 10/17/12, 77 FR Approval of the
63736. following elements or
portions thereof:
110(a)(2)(C),
(D)(i)(II), and (J),
except taking no
action on the
definition of
``regulated NSR
pollutant'' found at
45CSR14 section 2.66
only as it relates to
the requirement to
include condensable
emissions of
particulate matter in
that definition. See
Sec. 52.2522(i).
6/1/2015......... 8/11/2016,....... Approval of PSD-
[Insert Federal related element
Register 110(a)(2)(C),
citation]. (D)(i)(II), and (J).
See Sec. 52.2520.
Section 110(a)(2) Statewide........ 8/31/11, 2/17/12. 10/17/12, 77 FR Approval of the
Infrastructure Requirements 63736. following PSD-related
for the 2008 8-Hour Ozone elements or portions
NAAQS. thereof:
110(a)(2)(C),
(D)(i)(II), and (J),
except taking no
action on the
definition of
``regulated NSR
pollutant'' found at
45CSR14 section 2.66
only as it relates to
the requirement to
include condensable
emissions of
particulate matter in
that definition. See
Sec. 52.2522(i).
2/17/12.......... 4/7/2014,........ This action addresses
79 FR 19001...... the following CAA
elements, or portions
thereof:
110(a)(2)(A), (B),
(C), (D), (E), (F),
(G), (H), (J), (K),
(L), and (M).
7/24/14.......... 3/9/15,.......... Addresses CAA element
80 FR 12348...... 110(a)(2)(E)(ii).
6/1/2015......... 8/11/2016,....... Approval of PSD-
[Insert Federal related element
Register 110(a)(2)(C),
citation]. (D)(i)(II), and (J).
See Sec. 52.2520.
* * * * * * *
Section 110(a)(2) Statewide........ 12/13/12......... 1/22/14, 78 FR This action addresses
Infrastructure Requirements 3504. the following CAA
for the 2010 Nitrogen Dioxide elements:
NAAQS. 110(a)(2)(A), (B),
(C), (D), (E), (F),
(G), (H), (J), (K),
(L), and (M), or
portions thereof.
7/24/14.......... 3/9/15, 80 FR Addresses CAA element
12348. 110(a)(2)(E)(ii).
6/1/2015......... 8/11/2016,....... Approval of PSD-
[Insert Federal related element
Register 110(a)(2)(C),
citation]. (D)(i)(II), and (J).
See Sec. 52.2520.
* * * * * * *
Section 110(a)(2) Statewide........ 6/25/13.......... 10/16/14, 79 FR This action addresses
Infrastructure Requirements 62035. the following CAA
for the 2010 1-Hour Sulfur elements:
Dioxide NAAQS. 110(a)(2)(A), (B),
(C) (enforcement and
minor new source
review), (D)(ii),
(E)(i) and (iii),
(F), (G), (H), (J)
(consultation, public
notification, and
visibility
protection), (K),
(L), and (M).
7/24/14.......... 3/9/15, 80 FR Addresses CAA element
12348. 110(a)(2)(E)(ii).
6/1/2015......... 8/11/2016,....... Approval of PSD-
[Insert Federal related element
Register 110(a)(2)(C),
citation]. (D)(i)(II), and (J).
See Sec. 52.2520.
* * * * * * *
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[FR Doc. 2016-18518 Filed 8-10-16; 8:45 am]
BILLING CODE 6560-50-P
