Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Infrastructure Requirements for the 2012 Fine Particulate Standard, 22076-22079 [2017-09504]
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Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a safety zone for a
bridge based pyrotechnics display on
the Main Branch of the Chicago River in
Chicago, IL. It is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. A Record of Environmental
Consideration (REC) supporting this
determination is available in the docket
where indicated in the ADDRESSES
section of this preamble. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
[EPA–R03–OAR–2016–0373; FRL–9961–87–
Region 3]
1. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
§ 165.T09–0196 Safety Zone; Main Branch
of the Chicago River, Chicago, IL.
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Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Infrastructure Requirements
for the 2012 Fine Particulate Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving portions of
a state implementation plan (SIP)
revision submitted by the State of West
Virginia. Whenever new or revised
national ambient air quality standards
(NAAQS) are promulgated, the Clean
Air Act (CAA) requires states to submit
a plan to address basic program
elements, including, but not limited to,
regulatory structure, monitoring,
modeling, legal authority, and adequate
resources necessary to assure
implementation, maintenance, and
enforcement of the NAAQS. These
elements are referred to as infrastructure
requirements. The State of West Virginia
SUMMARY:
2. Add § 165.T09–0196 to read as
follows:
■
(a) Location. All U.S. navigable waters
of the Main Branch of the Chicago River,
between the Wells Street Bridge and
Dearborn Street Bridge in Chicago, IL.
(b) Enforcement period. This rule will
be enforced on May 20, 2017 from 7:45
p.m. to 8:15 p.m.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
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made a submittal addressing the
infrastructure requirements for the 2012
fine particulate matter (PM2.5) NAAQS,
and EPA is approving portions of this
SIP revision in accordance with the
requirements of the CAA.
DATES: This final rule is effective on
June 12, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2016–0373. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., 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 https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Ellen Schmitt, (215) 814–5787, or by
email at schmitt.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
40 CFR Part 52
■
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[FR Doc. 2017–09633 Filed 5–11–17; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
16:29 May 11, 2017
Dated: May 5, 2017.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
BILLING CODE 9110–04–P
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
VerDate Sep<11>2014
Captain of the Port Lake Michigan or a
designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Lake Michigan or a designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Lake Michigan
is any Coast Guard commissioned,
warrant or petty officer who has been
designated by the Captain of the Port
Lake Michigan to act on his or her
behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Lake
Michigan or an on-scene representative
to obtain permission to do so. The
Captain of the Port Lake Michigan or an
on-scene representative may be
contacted via VHF Channel 16. Vessel
operators given permission to enter or
operate in the safety zone must comply
with all directions given to them by the
Captain of the Port Lake Michigan, or an
on-scene representative.
Sfmt 4700
On July 16, 1997, the EPA
promulgated a new 24-hour and a new
annual NAAQS for PM2.5. See 62 FR
38652 (July 18, 1997). Subsequently, on
December 14, 2012, the EPA revised the
level of the health based (primary)
annual PM2.5 standard to 12 micrograms
per cubic meter (mg/m3). See 78 FR 3086
(January 15, 2013).1
Pursuant to section 110(a)(1) of the
CAA, states are required to submit SIPs
meeting the applicable requirements of
section 110(a)(2) within three years after
promulgation of a new or revised
NAAQS or within such shorter period
as EPA may prescribe. Section 110(a)(2)
requires states to address basic SIP
elements such as requirements for
monitoring, basic program
requirements, and legal authority that
are designed to assure attainment and
maintenance of the NAAQS. Section
110(a) imposes the obligation upon
states to make a SIP submission to EPA
for a new or revised NAAQS, but the
contents of that submission may vary
depending upon the facts and
1 In EPA’s 2012 PM
2.5 NAAQS revision, EPA left
unchanged the existing welfare (secondary)
standards for PM2.5 to address PM related effects
such as visibility impairment, ecological effects,
damage to materials and climate impacts. This
includes a secondary annual standard of 15 mg/m3
and a 24-hour standard of 35 mg/m3.
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Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations
circumstances. In particular, the data
and analytical tools available at the time
the state develops and submits the SIP
for a new or revised NAAQS affect the
content of the submission. The content
of such SIP submission may also vary
depending upon what provisions the
state’s existing SIP already contains.
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II. Summary of SIP Revision
On November 17, 2015, the State of
West Virginia, through the West
Virginia Department of Environmental
Protection (WVDEP), submitted a
revision to its SIP to satisfy the
requirements of section 110(a)(2) of the
CAA for the 2012 PM2.5 NAAQS. On
December 23, 2016 (81 FR 94281), EPA
published a notice of proposed
rulemaking (NPR) proposing approval of
portions of the West Virginia November
17, 2015 SIP submittal. In the NPR, EPA
proposed approval of the following
infrastructure elements: Section
110(a)(2)(A), (B), (C), (D)(i)(II) (relating
to prevention of significant
deterioration), (D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M) of the CAA.
At this time, EPA is not taking action
on the portions of West Virginia’s
November 17, 2015 SIP submission
which addressed section
110(a)(2)(D)(i)(I) of the CAA relating to
interstate transport of emissions, nor is
the Agency taking action on the portion
of the November 17, 2015 SIP
submission which addressed section
110(a)(2)(D)(i)(II) relating to visibility
protection. EPA intends to take later
separate action on these portions of
West Virginia’s submittal as explained
in the NPR and the Technical Support
Document (TSD), which accompanied
the NPR. The TSD is available in the
docket for this rulemaking which is also
available online at www.regulations.gov.
Finally, West Virginia did not address
in its submittal section 110(a)(2)(I)
which pertains to the nonattainment
requirements of part D, title I of the
CAA, because this element is not
required to be submitted by the 3-year
submission deadline of section 110(a)(1)
and will be addressed in a separate
process if necessary.
The rationale supporting EPA’s
proposed rulemaking action, including
the scope of infrastructure SIPs in
general, is explained in the published
NPR and the TSD and will not be
restated here. The NPR and TSD are
available in the docket for this
rulemaking at www.regulations.gov,
Docket ID Number EPA–R03–OAR–
2016–0373.
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16:29 May 11, 2017
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III. Public Comments and EPA’s
Responses
EPA received two anonymous
comments on the December 23, 2016
proposed approval of portions of the
West Virginia’s 2012 PM2.5
infrastructure SIP.
Comment 1: One commenter asked
why West Virginia is any different than
other states and stated that how
particulate matter is measured and ‘‘the
standard’’ for particulate matter should
be the same for all states. The
commenter stated that ‘‘[w]hat is safe in
one State, should not be different than
another.’’
Response 1: EPA thanks the
commenter for the submitted
statements. To clarify, West Virginia is
not treated any differently than any
other state in the United States under
the CAA’s NAAQS. Indeed, the
‘‘standard’’ for particulate matter and
how particulate matter is ‘‘measured’’
(i.e., monitored) is the same for all
states.
Sections 108 and 109 of the CAA
require EPA to promulgate primary
NAAQS to protect public health and
secondary NAAQS to protect public
welfare. The NAAQS apply equally
throughout all states. Once EPA sets a
new or revised NAAQS, EPA must
designate areas in every state as either
attainment, unclassifiable, or
nonattainment pursuant to section
107(d)(1)(B) and states must develop,
adopt, and submit to EPA for approval
a SIP that contains emissions limitations
and other control measures to attain and
maintain the relevant NAAQS in
accordance with section 110(a).
Pursuant to sections 108 and 109 of
the CAA, EPA has promulgated NAAQS
for two sizes of particulate matter: PM10
and PM2.5.2 Because this action
concerns the 2012 PM2.5 NAAQS, EPA’s
response addresses the relevant
NAAQS. On December 14, 2012, EPA
revised the health based (primary)
annual PM2.5 NAAQS to 12 mg/m3, and
this standard applies equally throughout
all states. See 78 FR 3086 (January 15,
2013). Two years later, on December 14,
2014, EPA designated all areas in West
Virginia as ‘‘unclassifiable/attainment’’
for the primary 2012 PM2.5 NAAQS. See
80 FR 2206, 2278–2279 (January 15,
2015).3 Finally, on November 17, 2015,
West Virginia submitted a SIP revision
to EPA to address the requirements of
2 Coarse particulate matter (PM ) are generally 10
10
micrometers and smaller, while fine particulate
matter (or PM2.5) consist of fine inhalable particles,
with diameters that are generally 2.5 micrometers
and smaller.
3 The rule explains that ‘‘EPA is designating areas
as nonattainment, unclassifiable, or unclassifiable/
attainment.’’
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22077
section 110(a)(2) of the CAA for the
2012 PM2.5 NAAQS and identified West
Virginia’s measures to attain and
maintain that NAAQS.
Regarding measurement of particulate
matter, state and, where applicable,
local and/or tribal, agencies (referred to
herein as ‘‘monitoring agencies’’) are
responsible for providing an air quality
surveillance system in order to, among
other goals, assess the extent of
pollution, provide information on air
quality trends, and support the
implementation of air quality goals or
standards (i.e., the NAAQS). Monitoring
agencies are required to submit to EPA
an annual monitoring network plan
which provides for the documentation
of the establishment and maintenance of
their air quality surveillance system.4
These annual monitoring network plans
require that ambient particulate matter
data are collected through an approved
network of specified ambient
monitoring stations. Data from the
approved monitoring stations are used
to compare an area’s air pollution levels
against the NAAQS to make sure air
quality is protective of public health
and the environment. Monitoring
agencies provide all ambient air quality
data, including those related to PM2.5, to
EPA through the Agency’s Air Quality
Management System (AQS).
As discussed in the TSD for this
action, WVDEP has the authority under
state law ‘‘to develop ways and means
for the regulation and control of
pollution of the air of the state’’ and
‘‘conduct such studies and research
relating to air pollution and its control
and abatement.’’ EPA–R03–OAR–2016–
0373–0006, p. 10. WVDEP currently
operates and maintains an established
network of ambient air monitors in West
Virginia for the purpose of assessing
compliance with the 2012 PM2.5
NAAQS, and submits to EPA for
approval, on an annual basis, a
monitoring network plan, which
describes how West Virginia is
complying with monitoring
requirements and explains any changes
to the monitoring network. Id.; see also
EPA–R03–OAR–2016–0373–0007
(Approval letter regarding WVDEP’s
2015 annual monitoring network plan).
In summary, the NAAQS apply to all
states in the country, all states monitor
(or measure) particulate matter in
accordance with CAA statutory and
regulatory requirements, and West
Virginia is not treated any differently for
such purposes.
4 Each monitoring agency must submit to EPA for
approval an annual monitoring network plan that
is in accordance with the monitoring requirements
contained in 40 CFR parts 50, 53, and 58.
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Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations
Comment 2: The commenter stated
that ‘‘[A]ir quality is important for our
environment and our health.
Infrastructure improvements can
provide jobs as well.’’
Response 2: EPA thanks the
commenter for the support for air
quality and health. The commenter’s
statement regarding ‘‘infrastructure
improvements’’ likely reflects the
commenter’s concern for improvements
to bridges and roads which are more
traditionally understood as
‘‘infrastructure’’ in the United States.
Thus, EPA believes the comment related
to ‘‘infrastructure improvements’’ is
likely unrelated to EPA’s approval of
West Virginia’s ‘‘infrastructure’’ SIP
submittal which addresses requirements
in CAA section 110(a)(2) to provide the
necessary structural requirements such
as emission limitations and monitoring
requirements for attaining and
maintaining the 2012 PM2.5 NAAQS in
West Virginia. EPA described in detail
in the NPR and in the TSD, which
accompanied the NPR, how West
Virginia’s SIP provides the basic
structural requirements. As the
comment is not germane to EPA’s
rulemaking, no further response is
provided.
IV. Final Action
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EPA is approving portions of the West
Virginia’s SIP revision regarding the
infrastructure program elements
specified in section 110(a)(2)(A), (B),
(C), (D)(i)(II) (relating to prevention of
significant deterioration), (D)(ii), (E), (F),
(G), (H), (J), (K), (L), and (M) of the CAA,
or portions thereof, necessary to
implement, maintain, and enforce the
2012 PM2.5 NAAQS. EPA will conduct
separate rulemaking action on the
portions of West Virginia’s November
17, 2015 SIP submission addressing
section 110(a)(2)(D)(i)(I) of the CAA
relating to interstate transport of
emissions and addressing section
110(a)(2)(D)(i)(II) relating to visibility
protection. This rulemaking action does
not include any action addressing
section 110(a)(2)(I) of the CAA for the
2012 PM2.5 NAAQS which pertains to
the nonattainment requirements of part
D, Title I of the CAA, because this
element is not required to be submitted
by the 3-year submission deadline of
section 110(a)(1), and will be addressed
in a separate process, if necessary.
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
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16:29 May 11, 2017
Jkt 241001
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
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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 July 11, 2017. 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 approves
portions of the West Virginia SIP
submittal to address the CAA section
110(a)(2) infrastructure requirements for
the 2012 PM2.5 NAAQS, may not be
challenged later in proceedings to
enforce its requirements. See CAA
section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter, Reporting
and recordkeeping requirements.
Dated: April 12, 2017.
Cecil Rodrigues,
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
(e) is amended by adding the entry
‘‘Section 110(a)(2) Infrastructure
Requirements for the 2012 PM2.5
NAAQS’’ at the end of the table to read
as follows:
■
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Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations
§ 52.2520
*
*
Identification of plan.
*
*
(e) * * *
*
Name of non-regulatory
SIP revision
Applicable
geographic area
*
Section 110(a)(2) Infrastructure Requirements
for the 2012 PM2.5
NAAQS.
*
Statewide ..........
[FR Doc. 2017–09504 Filed 5–11–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2016–0116; FRL–9961–44–
Region 4]
Air Plan Approval; Georgia: Heavy
Duty Diesel Requirements
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving changes to a
State Implementation Plan (SIP)
revision submitted by the State of
Georgia on January 25, 2016, for the
purpose of removing the requirements
for heavy duty diesel engines (HDDE),
which bar the sale/lease or import in the
State of Georgia of any new HDDE that
were not certified by the California Air
Resources Board (CARB) to meet the
emission standards of the California
HDDE rules. The removal of this rule
will prevent regulatory confusion and
make it clear that the more stringent
EPA emission standards for HDDE are
applicable. EPA is approving this SIP
revision because the State has
demonstrated that it is consistent with
the Clean Air Act (CAA or Act).
DATES: This direct final rule is effective
July 11, 2017 without further notice,
unless EPA receives adverse comment
by June 12, 2017. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2016–0116 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
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SUMMARY:
VerDate Sep<11>2014
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16:29 May 11, 2017
Jkt 241001
State
submittal date
*
11/17/15
EPA approval date
*
5/12/17, [insert Federal
Register citation].
Additional explanation
*
*
*
This action addresses the following CAA elements:
110(a)(2)(A), (B), (C), (D)(i)(II) (prevention of significant deterioration), (D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M), or portions thereof.
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e. on the Web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Kelly Sheckler, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9222,
Ms. Sheckler can also be reached via
electronic mail at sheckler.kelly@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The federal Clean Air Act (CAA)
establishes the framework for
controlling mobile-source emissions in
the United States. During the
development of the CAA in 1967,
Congress recognized that the imposition
of many different state standards could
result in inefficiencies in vehicle
markets. Therefore, state-established
emissions standards were preempted by
federal emissions standards in what is
now section 209 of the CAA. A special
exemption to this federal preemption
was made in section 209 for California
because of the state’s special air quality
problems and pioneering efforts in the
control of air pollutants. This
exemption, still in existence, gives the
State of California the authority to set
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on-road vehicle standards that differ
from the federal standards as long as
they are as protective in the aggregate as
federal standards. Later amendments to
section 209 granted California the
authority to set emissions standards and
regulations for some nonroad engines,
and section 177 was added to allow
other states to adopt California
standards. See CAA section 209(b), 42
U.S.C. 7543(b). Section 177 of the CAA
allows other states to adopt standards
and test procedures identical to
California’s. However, regardless of
whether a manufacturer receives CARB
approval, all new motor vehicles and
engines must still receive certification
from EPA before the vehicle is
introduced into commerce. If a state
adopts CARB standards in lieu of the
federal standards and then later removes
the requirement for the CARB standards,
the Federal CAA vehicle standards will
apply in that state.
In 1994, the CARB approved a plan
that called for emission standards for
highway heavy-duty diesel vehicles
beginning in 2004. In June of 1995,
CARB, EPA, and the manufacturers of
heavy-duty vehicle engines signed a
statement of principles (SOP) calling for
the harmonization of CARB and EPA
heavy-duty vehicle regulations.
In 1998, the federal government and
seven HDDE manufacturers entered into
consent decrees as a result of
enforcement actions that were brought
against the manufacturers because a
majority of the diesel engine
manufacturers had programmed their
engines to defeat federal test procedures
(FTP) through the use of a ‘‘defeat
device.’’ As a part of the consent decree,
the majority of the settling
manufacturers agreed to produce by
October 1, 2002, engines that would
meet supplemental test procedures
including the Not-To-Exceed (NTE) test
and the EURO III European Stationary
Cycle (ESC) test. These requirements
were to be met for a period of two years.
Recognizing the effectiveness of the
supplemental tests, EPA published a
notice of proposed rulemaking on
October 29, 1999, see 64 FR 58472,
E:\FR\FM\12MYR1.SGM
12MYR1
]]>Agencies
[Federal Register Volume 82, Number 91 (Friday, May 12, 2017)]
[Rules and Regulations]
[Pages 22076-22079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09504]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2016-0373; FRL-9961-87-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Infrastructure Requirements for the 2012 Fine
Particulate Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of a state implementation plan (SIP) revision submitted by the
State of West Virginia. Whenever new or revised national ambient air
quality standards (NAAQS) are promulgated, the Clean Air Act (CAA)
requires states to submit a plan to address basic program elements,
including, but not limited to, regulatory structure, monitoring,
modeling, legal authority, and adequate resources necessary to assure
implementation, maintenance, and enforcement of the NAAQS. These
elements are referred to as infrastructure requirements. The State of
West Virginia made a submittal addressing the infrastructure
requirements for the 2012 fine particulate matter (PM2.5)
NAAQS, and EPA is approving portions of this SIP revision in accordance
with the requirements of the CAA.
DATES: This final rule is effective on June 12, 2017.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2016-0373. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., 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
https://www.regulations.gov, or please contact the person identified in
the For Further Information Contact section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, (215) 814-5787, or by
email at schmitt.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 16, 1997, the EPA promulgated a new 24-hour and a new
annual NAAQS for PM2.5. See 62 FR 38652 (July 18, 1997).
Subsequently, on December 14, 2012, the EPA revised the level of the
health based (primary) annual PM2.5 standard to 12
micrograms per cubic meter ([micro]g/m\3\). See 78 FR 3086 (January 15,
2013).\1\
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\1\ In EPA's 2012 PM2.5 NAAQS revision, EPA left
unchanged the existing welfare (secondary) standards for
PM2.5 to address PM related effects such as visibility
impairment, ecological effects, damage to materials and climate
impacts. This includes a secondary annual standard of 15 [mu]g/m\3\
and a 24-hour standard of 35 [mu]g/m\3\.
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Pursuant to section 110(a)(1) of the CAA, states are required to
submit SIPs meeting the applicable requirements of section 110(a)(2)
within three years after promulgation of a new or revised NAAQS or
within such shorter period as EPA may prescribe. Section 110(a)(2)
requires states to address basic SIP elements such as requirements for
monitoring, basic program requirements, and legal authority that are
designed to assure attainment and maintenance of the NAAQS. Section
110(a) imposes the obligation upon states to make a SIP submission to
EPA for a new or revised NAAQS, but the contents of that submission may
vary depending upon the facts and
[[Page 22077]]
circumstances. In particular, the data and analytical tools available
at the time the state develops and submits the SIP for a new or revised
NAAQS affect the content of the submission. The content of such SIP
submission may also vary depending upon what provisions the state's
existing SIP already contains.
II. Summary of SIP Revision
On November 17, 2015, the State of West Virginia, through the West
Virginia Department of Environmental Protection (WVDEP), submitted a
revision to its SIP to satisfy the requirements of section 110(a)(2) of
the CAA for the 2012 PM2.5 NAAQS. On December 23, 2016 (81
FR 94281), EPA published a notice of proposed rulemaking (NPR)
proposing approval of portions of the West Virginia November 17, 2015
SIP submittal. In the NPR, EPA proposed approval of the following
infrastructure elements: Section 110(a)(2)(A), (B), (C), (D)(i)(II)
(relating to prevention of significant deterioration), (D)(ii), (E),
(F), (G), (H), (J), (K), (L), and (M) of the CAA.
At this time, EPA is not taking action on the portions of West
Virginia's November 17, 2015 SIP submission which addressed section
110(a)(2)(D)(i)(I) of the CAA relating to interstate transport of
emissions, nor is the Agency taking action on the portion of the
November 17, 2015 SIP submission which addressed section
110(a)(2)(D)(i)(II) relating to visibility protection. EPA intends to
take later separate action on these portions of West Virginia's
submittal as explained in the NPR and the Technical Support Document
(TSD), which accompanied the NPR. The TSD is available in the docket
for this rulemaking which is also available online at
www.regulations.gov. Finally, West Virginia did not address in its
submittal section 110(a)(2)(I) which pertains to the nonattainment
requirements of part D, title I of the CAA, because this element is not
required to be submitted by the 3-year submission deadline of section
110(a)(1) and will be addressed in a separate process if necessary.
The rationale supporting EPA's proposed rulemaking action,
including the scope of infrastructure SIPs in general, is explained in
the published NPR and the TSD and will not be restated here. The NPR
and TSD are available in the docket for this rulemaking at
www.regulations.gov, Docket ID Number EPA-R03-OAR-2016-0373.
III. Public Comments and EPA's Responses
EPA received two anonymous comments on the December 23, 2016
proposed approval of portions of the West Virginia's 2012
PM2.5 infrastructure SIP.
Comment 1: One commenter asked why West Virginia is any different
than other states and stated that how particulate matter is measured
and ``the standard'' for particulate matter should be the same for all
states. The commenter stated that ``[w]hat is safe in one State, should
not be different than another.''
Response 1: EPA thanks the commenter for the submitted statements.
To clarify, West Virginia is not treated any differently than any other
state in the United States under the CAA's NAAQS. Indeed, the
``standard'' for particulate matter and how particulate matter is
``measured'' (i.e., monitored) is the same for all states.
Sections 108 and 109 of the CAA require EPA to promulgate primary
NAAQS to protect public health and secondary NAAQS to protect public
welfare. The NAAQS apply equally throughout all states. Once EPA sets a
new or revised NAAQS, EPA must designate areas in every state as either
attainment, unclassifiable, or nonattainment pursuant to section
107(d)(1)(B) and states must develop, adopt, and submit to EPA for
approval a SIP that contains emissions limitations and other control
measures to attain and maintain the relevant NAAQS in accordance with
section 110(a).
Pursuant to sections 108 and 109 of the CAA, EPA has promulgated
NAAQS for two sizes of particulate matter: PM10 and
PM2.5.\2\ Because this action concerns the 2012
PM2.5 NAAQS, EPA's response addresses the relevant NAAQS. On
December 14, 2012, EPA revised the health based (primary) annual
PM2.5 NAAQS to 12 [mu]g/m\3\, and this standard applies
equally throughout all states. See 78 FR 3086 (January 15, 2013). Two
years later, on December 14, 2014, EPA designated all areas in West
Virginia as ``unclassifiable/attainment'' for the primary 2012
PM2.5 NAAQS. See 80 FR 2206, 2278-2279 (January 15,
2015).\3\ Finally, on November 17, 2015, West Virginia submitted a SIP
revision to EPA to address the requirements of section 110(a)(2) of the
CAA for the 2012 PM2.5 NAAQS and identified West Virginia's
measures to attain and maintain that NAAQS.
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\2\ Coarse particulate matter (PM10) are generally 10
micrometers and smaller, while fine particulate matter (or
PM2.5) consist of fine inhalable particles, with
diameters that are generally 2.5 micrometers and smaller.
\3\ The rule explains that ``EPA is designating areas as
nonattainment, unclassifiable, or unclassifiable/attainment.''
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Regarding measurement of particulate matter, state and, where
applicable, local and/or tribal, agencies (referred to herein as
``monitoring agencies'') are responsible for providing an air quality
surveillance system in order to, among other goals, assess the extent
of pollution, provide information on air quality trends, and support
the implementation of air quality goals or standards (i.e., the NAAQS).
Monitoring agencies are required to submit to EPA an annual monitoring
network plan which provides for the documentation of the establishment
and maintenance of their air quality surveillance system.\4\ These
annual monitoring network plans require that ambient particulate matter
data are collected through an approved network of specified ambient
monitoring stations. Data from the approved monitoring stations are
used to compare an area's air pollution levels against the NAAQS to
make sure air quality is protective of public health and the
environment. Monitoring agencies provide all ambient air quality data,
including those related to PM2.5, to EPA through the
Agency's Air Quality Management System (AQS).
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\4\ Each monitoring agency must submit to EPA for approval an
annual monitoring network plan that is in accordance with the
monitoring requirements contained in 40 CFR parts 50, 53, and 58.
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As discussed in the TSD for this action, WVDEP has the authority
under state law ``to develop ways and means for the regulation and
control of pollution of the air of the state'' and ``conduct such
studies and research relating to air pollution and its control and
abatement.'' EPA-R03-OAR-2016-0373-0006, p. 10. WVDEP currently
operates and maintains an established network of ambient air monitors
in West Virginia for the purpose of assessing compliance with the 2012
PM2.5 NAAQS, and submits to EPA for approval, on an annual
basis, a monitoring network plan, which describes how West Virginia is
complying with monitoring requirements and explains any changes to the
monitoring network. Id.; see also EPA-R03-OAR-2016-0373-0007 (Approval
letter regarding WVDEP's 2015 annual monitoring network plan).
In summary, the NAAQS apply to all states in the country, all
states monitor (or measure) particulate matter in accordance with CAA
statutory and regulatory requirements, and West Virginia is not treated
any differently for such purposes.
[[Page 22078]]
Comment 2: The commenter stated that ``[A]ir quality is important
for our environment and our health. Infrastructure improvements can
provide jobs as well.''
Response 2: EPA thanks the commenter for the support for air
quality and health. The commenter's statement regarding
``infrastructure improvements'' likely reflects the commenter's concern
for improvements to bridges and roads which are more traditionally
understood as ``infrastructure'' in the United States. Thus, EPA
believes the comment related to ``infrastructure improvements'' is
likely unrelated to EPA's approval of West Virginia's
``infrastructure'' SIP submittal which addresses requirements in CAA
section 110(a)(2) to provide the necessary structural requirements such
as emission limitations and monitoring requirements for attaining and
maintaining the 2012 PM2.5 NAAQS in West Virginia. EPA
described in detail in the NPR and in the TSD, which accompanied the
NPR, how West Virginia's SIP provides the basic structural
requirements. As the comment is not germane to EPA's rulemaking, no
further response is provided.
IV. Final Action
EPA is approving portions of the West Virginia's SIP revision
regarding the infrastructure program elements specified in section
110(a)(2)(A), (B), (C), (D)(i)(II) (relating to prevention of
significant deterioration), (D)(ii), (E), (F), (G), (H), (J), (K), (L),
and (M) of the CAA, or portions thereof, necessary to implement,
maintain, and enforce the 2012 PM2.5 NAAQS. EPA will conduct
separate rulemaking action on the portions of West Virginia's November
17, 2015 SIP submission addressing section 110(a)(2)(D)(i)(I) of the
CAA relating to interstate transport of emissions and addressing
section 110(a)(2)(D)(i)(II) relating to visibility protection. This
rulemaking action does not include any action addressing section
110(a)(2)(I) of the CAA for the 2012 PM2.5 NAAQS which
pertains to the nonattainment requirements of part D, Title I of the
CAA, because this element is not required to be submitted by the 3-year
submission deadline of section 110(a)(1), and will be addressed in a
separate process, if necessary.
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 July 11, 2017. 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 approves portions of the West Virginia SIP
submittal to address the CAA section 110(a)(2) infrastructure
requirements for the 2012 PM2.5 NAAQS, may not be challenged
later in proceedings to enforce its requirements. See CAA section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter, Reporting and recordkeeping
requirements.
Dated: April 12, 2017.
Cecil Rodrigues,
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 (e) is amended by adding
the entry ``Section 110(a)(2) Infrastructure Requirements for the 2012
PM2.5 NAAQS'' at the end of the table to read as follows:
[[Page 22079]]
Sec. 52.2520 Identification of plan.
* * * * *
(e) * * *
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Name of non-regulatory SIP Applicable geographic State Additional
revision area submittal date EPA approval date explanation
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* * * * * * *
Section 110(a)(2) Statewide............. 11/17/15 5/12/17, [insert This action addresses
Infrastructure Requirements Federal Register the following CAA
for the 2012 PM2.5 NAAQS. citation]. elements:
110(a)(2)(A), (B),
(C), (D)(i)(II)
(prevention of
significant
deterioration),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L), and (M), or
portions thereof.
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[FR Doc. 2017-09504 Filed 5-11-17; 8:45 am]
BILLING CODE 6560-50-P
