Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Update to Materials Incorporated by Reference, 52772-52775 [2018-22653]
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52772
Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Rules and Regulations
Dated: October 2, 2018.
J.R. Buzzella,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2018–22736 Filed 10–17–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[WV106–6044; FRL–9983–55–Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Update to Materials
Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; administrative
change.
AGENCY:
The Environmental Protection
Agency (EPA) is updating the materials
that are incorporated by reference (IBR)
into the West Virginia state
implementation plan (SIP). The
regulations affected by this update have
been previously submitted by the West
Virginia Department of Environmental
Protection (WV DEP) and approved by
EPA. This update affects the SIP
materials that are available for public
inspection at the National Archives and
Records Administration (NARA) and the
EPA Regional Office.
DATES: This action is effective October
18, 2018.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103; and
the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html. EPA
requests that you email the contact
listed in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Erin
Trouba, (215) 814–2023 or by email at
trouba.erin@epa.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Background
Each state has a SIP containing the
control measures and strategies used to
attain and maintain the national
ambient air quality standards (NAAQS).
The SIP is extensive, containing such
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elements as air pollution control
regulations, emission inventories,
monitoring networks, attainment
demonstrations, and enforcement
mechanisms.
Each state must formally adopt the
control measures and strategies in the
SIP after the public has had an
opportunity to comment on them and
then submit the proposed SIP revisions
to EPA. Once these control measures
and strategies are approved by EPA, and
after notice and comment, they are
incorporated into the federallyapproved SIP and are identified in part
52 ‘‘Approval and Promulgation of
Implementation Plans,’’ title 40 of the
Code of Federal Regulations (40 CFR
part 52). The full text of the state
regulation approved by EPA is not
reproduced in its entirety in 40 CFR part
52, but is ‘‘incorporated by reference.’’
This means that EPA has approved a
given state regulation with a specific
effective date. The public is referred to
the location of the full text version
should they want to know which
measures are contained in a given SIP.
The information provided allows EPA
and the public to monitor the extent to
which a state implements a SIP to attain
and maintain the NAAQS and to take
enforcement action if necessary.
The SIP is a living document which
a state revises as necessary to address its
unique air pollution problems.
Therefore, EPA, from time to time, must
take action on SIP revisions containing
new and/or revised regulations as being
part of the SIP. On May 22, 1997 (62 FR
27968), EPA revised the procedures for
incorporating by reference federallyapproved SIPs, as a result of
consultations between EPA and the
Office of the Federal Register (OFR). The
description of the revised SIP
document, IBR procedures and
‘‘Identification of plan’’ format are
discussed in further detail in the May
22, 1997, Federal Register document.
On February 10, 2005 (70 FR 7024), EPA
published a Federal Register beginning
the new IBR procedure for West
Virginia. On February 28, 2007 (72 FR
8903), February 10, 2009 (74 FR 6542),
December 28, 2010 (75 FR 81474), July
25, 2013 (78 FR 44884), and June 14,
2017 (82 FR 27118) EPA published
updates to the IBR material for West
Virginia. Since the publication of the
last IBR update, EPA has approved into
the SIP the following regulatory changes
to the following West Virginia
regulations:
A. Added Regulations
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B. Revised Regulations
1. 45 CSR 8 (Ambient Air Quality
Standards)
2. 45 CSR 14 (Permits for Construction
and Major Modification of Major
Stationary Sources of Air Pollution
for the Prevention of Significant
Deterioration)
C. Removed Regulations
1. 45 CSR 39 (Control of Annual
Nitrogen Oxide Emissions to
Mitigate Interstate Transport of Fine
Particulate Matter and Nitrogen
Oxides)
2. 45 CSR 41 (Control of Annual Sulfur
Dioxides Emissions)
3. In 52.2520 paragraph (d) Source
Specific Requirements for West
Virginia, there was a removal of
source-specific SIP requirements for
the following five facilities in West
Virginia that had permanently
shutdown: Mountaineer Carbon
Company; Standard Lafarge;
Follansbee Steel Corporation;
International Mill Service, Inc.; and
Columbian Chemicals Company.
II. EPA Action
In this action, EPA is announcing the
update to the IBR material as of May 1,
2018 and revising the text within 40
CFR 52.2520(b). In addition, notice is
provided of correcting Federal Register
citations listed in the Table (c)
paragraph of 40 CFR 52.2520, as
described: A. Under the ‘‘EPA approval
date’’ EPA is correcting numerous
Federal Register citation locations to
reflect the first page of the preamble
opposed to the regulatory text page for
West Virginia regulations 45 CSR Series
8 and 45 CSR Series 14.
III. Good Cause Exemption
EPA has determined that this rule
falls under the ‘‘good cause’’ exemption
in section 553(b)(3)(B) of the
Administrative Procedures Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation and section
553(d)(3) which allows an agency to
make a rule effective immediately
(thereby avoiding the 30-day delayed
effective date otherwise provided for in
the APA). This rule simply codifies
provisions which are already in effect as
a matter of law in federal and approved
state programs. Under section 553 of the
APA, an agency may find good cause
where procedures are ‘‘impractical,
unnecessary, or contrary to the public
interest.’’ Public comment is
‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the codification
only reflects existing law. Immediate
notice in the CFR benefits the public by
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Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Rules and Regulations
removing outdated citations and
incorrect table entries.
IV. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of previously EPA
approved regulations promulgated by
the State of West Virginia and federally
effective prior to May 1, 2018. EPA has
made, and will continue to make, these
materials generally available through
www.regulations.gov and at the EPA
Region III Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
V. Statutory and Executive Order
Reviews
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A. General Requirements
Under the Clean Air Act (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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• 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
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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 rule 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. This rule is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
EPA has also determined that the
provisions of section 307(b)(1) of the
CAA pertaining to petitions for judicial
review are not applicable to this action.
Prior EPA rulemaking actions for each
individual component of the West
Virginia SIP compilations had
previously afforded interested parties
the opportunity to file a petition for
judicial review in the United States
Court of Appeals for the appropriate
circuit within 60 days of such
rulemaking action. Thus, EPA sees no
need in this action to reopen the 60-day
period for filing such petitions for
judicial review for this ‘‘Identification of
plan’’ update action for West Virginia.
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52773
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and record keeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: August 27, 2018.
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 for citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart XX—West Virginia
2. Section 52.2520 is amended by:
a. Revising paragraph (b).
b. Revising paragraph (c) table entries
for 45 CSR 8 (Ambient Air Quality
Standards) and 45 CSR 14 (Permits for
Construction and Major Modification of
Major Stationary Sources of Air
Pollution for the Prevention of
Significant Deterioration).
The revisions read as follows:
■
■
■
§ 52.2520
Identification of plan.
*
*
*
*
*
(b) Incorporation by reference. (1)
Material listed in paragraphs (c) and (d)
of this section with an EPA approval
date prior to May 1, 2018, was approved
for incorporation by reference by the
Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. Entries in paragraphs (c)
and (d) of this section with the EPA
approval dates after May 1, 2018 for the
State of West Virginia have been
approved by EPA for inclusion in the
State implementation plan and for
incorporation by reference into the plan
as it is contained in this section, and
will be considered by the Director of the
Federal Register for approval in the next
update to the SIP compilation.
(2) EPA Region III certifies that the
materials provided by EPA at the
addresses in paragraph (b)(3) of this
section are an exact duplicate of the
officially promulgated state rules/
regulations which have been approved
as part of the state implementation plan
as of the dates referenced in paragraph
(b)(1) of this section.
(3) Copies of the materials
incorporated by reference into the state
implementation plan may be inspected
at the Environmental Protection Agency,
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Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Rules and Regulations
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. To
obtain the material, please call the
Regional Office at (215) 814–3376. You
may also inspect the material with an
EPA approval date prior to May 1, 2018
for the State of West Virginia at the
National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, go to: https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
(c) EPA-Approved Regulations and
Statutes.
EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP
State citation
[Chapter 16–20 or
45 CSR]
*
State effective
date
Title/subject
*
*
*
[45 CSR] Series 8 ..
6/1/17
Section 45–8–2 .......
Definitions ..............................................
6/1/17
Section 45–8–3 .......
Adoption of Standards ...........................
6/1/17
Section 45–8–4 .......
Inconsistency Between Rules ................
6/1/17
*
*
Section 45–14–2 .....
Definitions ..............................................
06/01/2015
Section 45–14–3 .....
Applicability ............................................
06/01/2015
Section 45–14–4 .....
Ambient Air Quality Increments and
Ceilings.
Area Classification .................................
06/01/2015
06/01/2015
Section 45–14–10 ...
Prohibition of Dispersion Enhancement
Techniques.
Registration, Report and Permit Requirements for Major Stationary
Sources and Major Modifications.
Requirements Relating to Control Technology.
Requirements Relating to the Source’s
Impact on Air Quality.
Modeling Requirements .........................
Section 45–14–11 ...
Air Quality Monitoring Requirements .....
06/01/2015
Section 45–14–12 ...
06/01/2015
Section 45–14–16 ...
Additional Impacts Analysis Requirements.
Additional Requirements and Variances
for Source Impacting Federal Class 1
Areas.
Procedures for Sources Employing Innovative Control Technology.
Exclusions From Increment Consumption.
Specific Exemptions ...............................
Section 45–14–17 ...
Public Review Procedures .....................
06/01/2015
Section 45–14–18 ...
Public Meetings ......................................
06/01/2015
Section 45–14–19 ...
06/01/2015
Section 45–14–20 ...
Permit Transfer, Cancellation and Responsibility.
Disposition of Permits ............................
Section 45–14–21 ...
Conflict with Other Permitting Rules ......
06/01/2015
Section 45–14–8 .....
Section 45–14–9 .....
Section 45–14–13 ...
Section 45–14–14 ...
Section 45–14–15 ...
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*
FR
Filing and effective dates are revised.
FR
Previous Approval 9/22/2014.
FR
Effective date is revised.
FR
Replaced ‘‘West Virginia Department of
Environmental Protection’’ with ‘‘Division of Air Quality.’’
*
*
Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of
Significant Deterioration
06/01/2015
Section 45–14–7 .....
3/23/18, 83
12677.
3/23/18, 83
12677.
3/23/18, 83
12677.
3/23/18, 83
12677.
*
General ..................................................
Section 45–14–6 .....
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*
Section 45–14–1 .....
Section 45–14–5 .....
*
Ambient Air Quality Standards
General ..................................................
[45 CSR] Series 14
Additional explanation/
citation at 40 CFR 52.2565
*
Section 45–8–1 .......
*
EPA approval date
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Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / 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
*
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[FR Doc. 2018–22653 Filed 10–17–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R6–ES–2016–0013;
FXES11130900000C6–189–FF09E42000]
RIN 1018–BB41
Endangered and Threatened Wildlife
and Plants; Removing Deseret
Milkvetch (Astragalus desereticus)
From the Federal List of Endangered
and Threatened Plants
Fish and Wildlife Service,
Interior.
ACTION: Final rule; document
availability.
AGENCY:
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15:53 Oct 17, 2018
Jkt 247001
EPA approval date
*
*
our Utah Ecological Services Field
Office (see FOR FURTHER INFORMATION
CONTACT, below). The post-delisting
monitoring plan for Deseret milkvetch is
available on our Endangered Species
Program’s national website (https://
endangered.fws.gov) and the internet at
https://www.regulations.gov under
Docket No. FWS–R6–ES–2016–0013.
FOR FURTHER INFORMATION CONTACT:
Larry Crist, Field Supervisor, telephone:
801–975–3330. Direct all questions or
requests for additional information to:
DESERET MILKVETCH QUESTIONS,
U.S. Fish and Wildlife Service; Utah
Ecological Services Field Office; 2369
Orton Circle, Suite 50; West Valley City,
UT 84119. If you use a
telecommunications device for the deaf
(TDD), you may call the Federal Relay
Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
On October 2, 2017, we published a
proposed rule to remove Deseret
milkvetch from the List of Endangered
and Threatened Plants (i.e., to ‘‘delist’’
the species) (82 FR 45779). Please refer
to that proposed rule for a detailed
description of the Federal actions
concerning this species that occurred
prior to October 2, 2017.
Species Description and Habitat
Information
Deseret milkvetch was first collected
in 1893, again in 1909, then not located
again until 1981 (Barnaby 1989, p. 126;
Franklin 1990, p. 2). The gap in
collections may be due to confusion
regarding initial records, which were
wrongly attributed to Sanpete County,
Utah (Franklin 1990, p. 2). The 1964
description and classification of Deseret
milkvetch by Barneby is the accepted
taxonomic status (Barneby 1989, p. 126;
ITIS 2015).
Deseret milkvetch is a perennial,
herbaceous plant in the legume family
with silvery-gray pubescent leaves that
are 2 to 5 inches (4 to 12 centimeters)
long and flower petals that are white to
pinkish with lilac-colored tips (Barneby
1989, p. 126). The flower structure
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Additional explanation/
citation at 40 CFR 52.2565
08/11/2016, 81 FR
53008.
08/11/2016,81 FR
53008.
Previous Federal Actions
We, the U.S. Fish and
Wildlife Service (Service), are removing
Deseret milkvetch (Astragalus
desereticus) from the Federal List of
Endangered and Threatened Plants due
to recovery. Based on the best available
scientific and commercial data, threats
to Deseret milkvetch identified at the
time of listing are not as significant as
originally anticipated and are being
adequately managed, the species’
population is much greater than was
known at the time of listing, and threats
to this species have been sufficiently
minimized such that it no longer meets
the definition of an endangered species
or threatened species under the
Endangered Species Act of 1973, as
amended (Act).
DATES: This final rule is effective
November 19, 2018.
ADDRESSES: Comments, materials
received and supporting documentation
used in the preparation of this final rule
are available on the internet at https://
www.regulations.gov under Docket No.
FWS–R6–ES–2016–0013. Additionally,
comments, materials received, and
supporting documentation are available
for public inspection by appointment at
SUMMARY:
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date
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indicates an adaptation to pollination
primarily by large bees, likely
bumblebees (Bombus spp.), which are
generalist pollinators (Stone 1992, p. 4).
The species appears to be tolerant of
drought (Stone 1992, p. 3). A more
detailed description of the biology and
life history of Deseret milkvetch can be
found in our 5-year review of the
species (U.S. Fish and Wildlife Service
2011, pp. 5–7).
Deseret milkvetch is endemic to Utah
County in central Utah, with the only
known population near the town of
Birdseye (Stone 1992, p. 2). It occurs
exclusively on sandy-gravelly soils
weathered from the Moroni geological
formation, which are limited to an area
of approximately 100 square miles (mi2)
(259 square kilometers (km2)) (Franklin
1990, p. 4; Stone 1992, p. 3). The
species is known to occur at elevations
of 5,400 to 5,700 feet (ft) (1,646 to 1,737
meters (m)) (Stone 1992, p. 2; Anderson
2016, pers. comm.; Fitts 2016, pers.
comm.). Based upon the species’ narrow
habitat requirements, it has likely
always been rare, with little unoccupied
suitable habitat (Franklin 1990, p. 6;
Stone 1992, p. 6).
Deseret milkvetch is found on steep
south- and west-facing slopes with
scattered Colorado pinyon pine (Pinus
edulis) and Utah juniper (Juniperus
osteosperma) (Franklin 1990, p. 2). It
also grows on west-facing road-cuts
where plants are typically larger than
those found in undisturbed habitat
(Franklin 1990, p. 2). The species’
habitat is sparsely vegetated (SWCA
Environmental Consultants 2015, p. 7).
The species is an associate of the
pinyon-juniper plant community. It is
not shade-tolerant but is found in open
areas between trees (Goodrich et al.
1999, p. 265).
Deseret milkvetch is probably a
relatively new species on the scale of
geologic time. The species’ genus has
the ability to colonize disturbed or
unstable habitats in dry climates. This
ability has likely hastened the evolution
of the genus and given rise to many
species of Astragalus that are sharply
differentiated and individually
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]]>Agencies
[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)]
[Rules and Regulations]
[Pages 52772-52775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22653]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WV106-6044; FRL-9983-55-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Update to Materials Incorporated by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; administrative change.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is updating the
materials that are incorporated by reference (IBR) into the West
Virginia state implementation plan (SIP). The regulations affected by
this update have been previously submitted by the West Virginia
Department of Environmental Protection (WV DEP) and approved by EPA.
This update affects the SIP materials that are available for public
inspection at the National Archives and Records Administration (NARA)
and the EPA Regional Office.
DATES: This action is effective October 18, 2018.
ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; and the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. EPA requests that you email the contact listed in
the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Erin Trouba, (215) 814-2023 or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Each state has a SIP containing the control measures and strategies
used to attain and maintain the national ambient air quality standards
(NAAQS). The SIP is extensive, containing such elements as air
pollution control regulations, emission inventories, monitoring
networks, attainment demonstrations, and enforcement mechanisms.
Each state must formally adopt the control measures and strategies
in the SIP after the public has had an opportunity to comment on them
and then submit the proposed SIP revisions to EPA. Once these control
measures and strategies are approved by EPA, and after notice and
comment, they are incorporated into the federally-approved SIP and are
identified in part 52 ``Approval and Promulgation of Implementation
Plans,'' title 40 of the Code of Federal Regulations (40 CFR part 52).
The full text of the state regulation approved by EPA is not reproduced
in its entirety in 40 CFR part 52, but is ``incorporated by
reference.'' This means that EPA has approved a given state regulation
with a specific effective date. The public is referred to the location
of the full text version should they want to know which measures are
contained in a given SIP. The information provided allows EPA and the
public to monitor the extent to which a state implements a SIP to
attain and maintain the NAAQS and to take enforcement action if
necessary.
The SIP is a living document which a state revises as necessary to
address its unique air pollution problems. Therefore, EPA, from time to
time, must take action on SIP revisions containing new and/or revised
regulations as being part of the SIP. On May 22, 1997 (62 FR 27968),
EPA revised the procedures for incorporating by reference federally-
approved SIPs, as a result of consultations between EPA and the Office
of the Federal Register (OFR). The description of the revised SIP
document, IBR procedures and ``Identification of plan'' format are
discussed in further detail in the May 22, 1997, Federal Register
document. On February 10, 2005 (70 FR 7024), EPA published a Federal
Register beginning the new IBR procedure for West Virginia. On February
28, 2007 (72 FR 8903), February 10, 2009 (74 FR 6542), December 28,
2010 (75 FR 81474), July 25, 2013 (78 FR 44884), and June 14, 2017 (82
FR 27118) EPA published updates to the IBR material for West Virginia.
Since the publication of the last IBR update, EPA has approved into the
SIP the following regulatory changes to the following West Virginia
regulations:
A. Added Regulations
None.
B. Revised Regulations
1. 45 CSR 8 (Ambient Air Quality Standards)
2. 45 CSR 14 (Permits for Construction and Major Modification of Major
Stationary Sources of Air Pollution for the Prevention of Significant
Deterioration)
C. Removed Regulations
1. 45 CSR 39 (Control of Annual Nitrogen Oxide Emissions to Mitigate
Interstate Transport of Fine Particulate Matter and Nitrogen Oxides)
2. 45 CSR 41 (Control of Annual Sulfur Dioxides Emissions)
3. In 52.2520 paragraph (d) Source Specific Requirements for West
Virginia, there was a removal of source-specific SIP requirements for
the following five facilities in West Virginia that had permanently
shutdown: Mountaineer Carbon Company; Standard Lafarge; Follansbee
Steel Corporation; International Mill Service, Inc.; and Columbian
Chemicals Company.
II. EPA Action
In this action, EPA is announcing the update to the IBR material as
of May 1, 2018 and revising the text within 40 CFR 52.2520(b). In
addition, notice is provided of correcting Federal Register citations
listed in the Table (c) paragraph of 40 CFR 52.2520, as described: A.
Under the ``EPA approval date'' EPA is correcting numerous Federal
Register citation locations to reflect the first page of the preamble
opposed to the regulatory text page for West Virginia regulations 45
CSR Series 8 and 45 CSR Series 14.
III. Good Cause Exemption
EPA has determined that this rule falls under the ``good cause''
exemption in section 553(b)(3)(B) of the Administrative Procedures Act
(APA) which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation and section 553(d)(3) which allows
an agency to make a rule effective immediately (thereby avoiding the
30-day delayed effective date otherwise provided for in the APA). This
rule simply codifies provisions which are already in effect as a matter
of law in federal and approved state programs. Under section 553 of the
APA, an agency may find good cause where procedures are ``impractical,
unnecessary, or contrary to the public interest.'' Public comment is
``unnecessary'' and ``contrary to the public interest'' since the
codification only reflects existing law. Immediate notice in the CFR
benefits the public by
[[Page 52773]]
removing outdated citations and incorrect table entries.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of previously
EPA approved regulations promulgated by the State of West Virginia and
federally effective prior to May 1, 2018. EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region III Office (please contact
the person identified in the For Further Information Contact section of
this preamble for more information).
V. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act (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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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 rule 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
EPA has also determined that the provisions of section 307(b)(1) of
the CAA pertaining to petitions for judicial review are not applicable
to this action. Prior EPA rulemaking actions for each individual
component of the West Virginia SIP compilations had previously afforded
interested parties the opportunity to file a petition for judicial
review in the United States Court of Appeals for the appropriate
circuit within 60 days of such rulemaking action. Thus, EPA sees no
need in this action to reopen the 60-day period for filing such
petitions for judicial review for this ``Identification of plan''
update action for West Virginia.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and record keeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 27, 2018.
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 for citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart XX--West Virginia
0
2. Section 52.2520 is amended by:
0
a. Revising paragraph (b).
0
b. Revising paragraph (c) table entries for 45 CSR 8 (Ambient Air
Quality Standards) and 45 CSR 14 (Permits for Construction and Major
Modification of Major Stationary Sources of Air Pollution for the
Prevention of Significant Deterioration).
The revisions read as follows:
Sec. 52.2520 Identification of plan.
* * * * *
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to May 1,
2018, was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Entries in paragraphs (c) and (d) of this section with the EPA
approval dates after May 1, 2018 for the State of West Virginia have
been approved by EPA for inclusion in the State implementation plan and
for incorporation by reference into the plan as it is contained in this
section, and will be considered by the Director of the Federal Register
for approval in the next update to the SIP compilation.
(2) EPA Region III certifies that the materials provided by EPA at
the addresses in paragraph (b)(3) of this section are an exact
duplicate of the officially promulgated state rules/regulations which
have been approved as part of the state implementation plan as of the
dates referenced in paragraph (b)(1) of this section.
(3) Copies of the materials incorporated by reference into the
state implementation plan may be inspected at the Environmental
Protection Agency,
[[Page 52774]]
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. To
obtain the material, please call the Regional Office at (215) 814-3376.
You may also inspect the material with an EPA approval date prior to
May 1, 2018 for the State of West Virginia at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
(c) EPA-Approved Regulations and Statutes.
EPA-Approved Regulations in the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
Additional explanation/
State citation [Chapter 16- Title/subject State EPA approval date citation at 40 CFR
20 or 45 CSR] effective date 52.2565
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[45 CSR] Series 8.......... Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Section 45-8-1............. General................ 6/1/17 3/23/18, 83 FR Filing and effective
12677. dates are revised.
Section 45-8-2............. Definitions............ 6/1/17 3/23/18, 83 FR Previous Approval 9/22/
12677. 2014.
Section 45-8-3............. Adoption of Standards.. 6/1/17 3/23/18, 83 FR Effective date is
12677. revised.
Section 45-8-4............. Inconsistency Between 6/1/17 3/23/18, 83 FR Replaced ``West
Rules. 12677. Virginia Department
of Environmental
Protection'' with
``Division of Air
Quality.''
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[45 CSR] 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, 81 FR ......................
53008.
Section 45-14-2............ Definitions............ 06/01/2015 08/11/2016, 81 FR ......................
53008.
Section 45-14-3............ Applicability.......... 06/01/2015 08/11/2016, 81 FR ......................
53008.
Section 45-14-4............ Ambient Air Quality 06/01/2015 08/11/2016, 81 FR ......................
Increments and 53008.
Ceilings.
Section 45-14-5............ Area Classification.... 06/01/2015 08/11/2016, 81 FR ......................
53008.
Section 45-14-6............ Prohibition of 06/01/2015 08/11/2016, 81 FR ......................
Dispersion Enhancement 53008.
Techniques.
Section 45-14-7............ Registration, Report 06/01/2015 08/11/2016, 81 FR ......................
and Permit 53008.
Requirements for Major
Stationary Sources and
Major Modifications.
Section 45-14-8............ Requirements Relating 06/01/2015 08/11/2016, 81 FR ......................
to Control Technology. 53008.
Section 45-14-9............ Requirements Relating 06/01/2015 08/11/2016, 81 FR ......................
to the Source's Impact 53008.
on Air Quality.
Section 45-14-10........... Modeling Requirements.. 06/01/2015 08/11/2016, 81 FR ......................
53008.
Section 45-14-11........... Air Quality Monitoring 06/01/2015 08/11/2016, 81 FR ......................
Requirements. 53008.
Section 45-14-12........... Additional Impacts 06/01/2015 08/11/2016, 81 FR ......................
Analysis Requirements. 53008.
Section 45-14-13........... Additional Requirements 06/01/2015 08/11/2016, 81 FR ......................
and Variances for 53008.
Source Impacting
Federal Class 1 Areas.
Section 45-14-14........... Procedures for Sources 06/01/2015 08/11/2016, 81 FR ......................
Employing Innovative 53008.
Control Technology.
Section 45-14-15........... Exclusions From 06/01/2015 08/11/2016, 81 FR ......................
Increment Consumption. 53008.
Section 45-14-16........... Specific Exemptions.... 06/01/2015 08/11/2016, 81 FR ......................
53008.
Section 45-14-17........... Public Review 06/01/2015 08/11/2016, 81 FR ......................
Procedures. 53008.
Section 45-14-18........... Public Meetings........ 06/01/2015 08/11/2016, 81 FR ......................
53008.
Section 45-14-19........... Permit Transfer, 06/01/2015 08/11/2016, 81 FR ......................
Cancellation and 53008.
Responsibility.
Section 45-14-20........... Disposition of Permits. 06/01/2015 08/11/2016, 81 FR ......................
53008.
Section 45-14-21........... Conflict with Other 06/01/2015 08/11/2016, 81 FR ......................
Permitting Rules. 53008.
[[Page 52775]]
Section 45-14-25........... Actual PALs............ 06/01/2015 08/11/2016, 81 FR ......................
53008.
Section 45-14-26........... Inconsistency Between 06/01/2015 08/11/2016,81 FR ......................
Rules. 53008.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-22653 Filed 10-17-18; 8:45 am]
BILLING CODE 6560-50-P
