Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Revisions to Regulation for Control of Ozone Season Nitrogen Oxide Emissions, 62470-62475 [2018-26243]
Download as PDF
<![CDATA[
62470
Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations
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).
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 February 4, 2019. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule 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 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: November 26, 2018.
Anne Idsal,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
Subpart SS—Texas
2. In § 52.2270(e), the second table
titled ‘‘EPA Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures in the Texas SIP’’ is amended
by adding an entry at the end for
‘‘Emission Statement Requirements for
the 2008 Ozone NAAQS’’.
The revision reads as follows:
■
§ 52.2270
*
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Identification of plan.
*
*
(e) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Applicable geographic or nonattainment area
Name of SIP provision
*
*
Emission Statement Requirements for the
2008 Ozone NAAQS.
*
Dallas-Fort Worth,
TX.
[FR Doc. 2018–26294 Filed 12–3–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2017–0633; FRL–9986–89–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Revisions to Regulation for
Control of Ozone Season Nitrogen
Oxide Emissions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving two state
implementation plan (SIP) revisions
submitted by the State of West Virginia.
The revisions pertain to a West Virginia
regulation that established the nitrogen
oxides (NOX) ozone season trading
program under the Clean Air Interstate
Rule (CAIR), which implemented
requirements for NOX reductions
necessary to reduce interstate transport
of pollution. The EPA-administered
trading programs under CAIR were
discontinued upon the implementation
of the Cross-State Air Pollution Rule
SUMMARY:
VerDate Sep<11>2014
18:31 Dec 03, 2018
Jkt 247001
State
submittal/
effective date
*
8/21/2018
EPA approval date
*
*
12/4/2018, [Insert Federal Register citation].
(CSAPR), which was promulgated by
EPA to replace CAIR. CSAPR
established Federal implementation
plans (FIPs) for 28 states, including
West Virginia, and applied to electric
generating units (EGUs). The SIP
submittals are comprised of revisions to
the West Virginia regulation that
implemented the CAIR ozone season
NOX trading program that had
previously been included in the West
Virginia SIP. The revised West Virginia
regulation removed the CAIR ozone
season NOX trading program provisions,
which also addressed certain large nonelectric generating units (non-EGUs),
established new requirements for these
large non-EGUs, included a state-wide
NOX emissions cap, and recodified
certain other provisions that address the
NOX emission reductions required for
cement kilns and internal combustion
engines. EPA is approving these SIP
revisions to West Virginia’s ozone
season NOX regulation in accordance
with the requirements of the Clean Air
Act (CAA).
DATES: This final rule is effective on
January 3, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2017–0633. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
Comments
*
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:
Marilyn Powers, (215) 814–2308, or by
email at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 28, 2018 (82 FR 43836),
EPA published a notice of proposed
rulemaking (NPRM) which proposed
approval of the SIP revisions submitted
by the State of West Virginia for
revisions to Regulation 45CSR40. The
first formal SIP revision was submitted
by West Virginia through the West
Virginia Department of Environmental
Protection (WVDEP) on July 13, 2016.
On October 10, 2017, WVDEP provided
a supplemental SIP submission
comprised of a demonstration showing
that NOX emissions from applicable
non-EGUs do not exceed the West
E:\FR\FM\04DER1.SGM
04DER1
Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations
Virginia NOX budget under EPA’s NOX
SIP Call.1 The NOX SIP Call, issued
pursuant to Section 110 of the CAA and
codified at 40 CFR 51.121 and 51.122,
was designed to mitigate significant
transport of NOX, one of the precursors
of ozone. At the same time, EPA
developed the NOX Budget Trading
Program, an EPA-administered
allowance trading program that states
could adopt to meet their obligations
under the NOX SIP Call. The NOX
Budget Trading Program allowed EGUs
greater than 25 megawatts and
industrial non-EGUs, such as boilers
and turbines, with a rated heat input
greater than 250 million British thermal
units per hour (MMBtu/hr), referred to
as ‘‘large non-EGUs,’’ to participate in a
regional NOX cap and trade program.
West Virginia complied with the NOX
SIP Call by participation of its large
EGUs and large non-EGUs in the NOX
Budget Trading Program. EPA
discontinued administration of the NOX
Budget Trading Program in 2009 upon
the start of the CAIR trading programs
(70 FR 25162, May 12, 2005). The NOX
SIP Call requirements continued to
apply, however, and EGUs in most
states (including West Virginia) that
formerly participated in the NOX Budget
Trading Program continued to meet
their NOX SIP Call requirements under
the generally more stringent
requirements of the CAIR NOX Ozone
Season Trading Program, either
pursuant to CAIR FIPs (71 FR 25328,
April 28, 2006) or pursuant to approved
CAIR SIP revisions.2 For the large nonEGUs, states needed to take regulatory
action to ensure that their obligations
under the NOX SIP Call continued to be
met, either through an option to submit
a CAIR SIP revision that allowed the
non-EGUs to participate in the CAIR
NOX Ozone Season Trading Program or
through adoption of other replacement
regulations. West Virginia chose to
include the large non-EGUs as CAIR
trading sources, and submitted, for
inclusion in the SIP, Regulation
40CSR40 which implemented the CAIR
NOX Ozone Season Trading Program
and included the non-EGUs as trading
sources. EPA approved Regulation
45CSR40 into the West Virginia SIP on
August 4, 2009 (74 FR 38536). 45CSR40
also included requirements for
stationary internal combustion engines
1 In October 1998 (63 FR 57356), EPA finalized
the ‘‘Finding of Significant Contribution and
Rulemaking for Certain States in the Ozone
Transport Assessment Group Region for Purposes of
Reducing Regional Transport of Ozone’’—
commonly called the NOX SIP Call.
2 EPA approved a CAIR SIP revision replacing the
CAIR FIP for West Virginia on August 4, 2009 (74
FR 38536).
VerDate Sep<11>2014
16:14 Dec 03, 2018
Jkt 247001
and cement manufacturing kilns that are
subject to the NOX SIP Call.
When CSAPR replaced CAIR starting
on January 1, 2015,3 the CSAPR FIP
trading programs for annual NOX, ozone
season NOX and annual SO2 were
applicable in West Virginia. Thus, since
January 1, 2015, the provisions related
to implementation of the CAIR Ozone
Season Trading Program in West
Virginia regulation 45CSR40 were
obsolete. Initially, the CSAPR FIP
trading programs applied only to EGUs
and, unlike CAIR, did not provide for
expansion of the ozone season trading
program to include the NOX SIP Call
large non-EGUs. States, like West
Virginia, whose large non-EGUs had
previously traded in the CAIR NOX
Ozone Season Trading Program, were
therefore required to address the nonEGU reduction requirements of the NOX
SIP Call outside of a regional trading
program.4
The CSAPR FIPs which replaced
CAIR only applied to EGUs, and, at the
time West Virginia developed its SIP
submittal, states did not have an option
under CSAPR to bring their non-EGUs
into the CSAPR NOX Ozone Season
Trading Program. So, while EGU
compliance with CSAPR satisfied the
EGUs’ NOX SIP Call requirements, West
Virginia needed to modify its ozone
season NOX regulation to address the
NOX SIP Call requirements for the nonEGUs that were formerly trading in the
CAIR NOX ozone season trading
program. 40 CFR 51.121(f) sets forth
alternatives for states to address NOX
SIP Call reduction obligations for large
non-EGUs including (1) imposing a NOX
mass emissions cap on each source, (2)
imposing a NOX emissions rate limit on
each source and assuming maximum
operating capacity for every such source
for purposes of estimating NOX mass
emissions, or (3) imposing other
regulatory requirements that the state
has demonstrated to EPA provide
equivalent or greater assurance that the
state will comply with its ozone season
NOX budget.
II. Summary of SIP Revision and EPA
Analysis
Former Regulation 45CSR40 (effective
in West Virginia on July 1, 2016), which
was approved into the West Virginia
3 See NPRM for this action, page 43837, for
details on the remand of CAIR.
4 Subsequent to West Virginia’s July 13, 2016
submission, EPA finalized the CSAPR Update Rule
to address transport related to the 2008 ozone
NAAQS. It is noted that CSAPR Update included
flexibility for states to submit SIPs that expand the
CSAPR ozone season trading program to include the
large non-EGUs. West Virginia has not submitted a
SIP that includes the non-EGUs as participants in
the CSAPR trading program.
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
62471
SIP, was originally adopted by WVDEP
to implement the ozone season trading
program under CAIR and to address
NOX SIP Call requirements. The July 13,
2016 West Virginia SIP submittal is
comprised of a revised 45CSR40 which
removed the CAIR Ozone Season
Trading Program provisions, retained
the definitions, applicability, and other
provisions responding to the NOX SIP
Call (including monitoring under 40
CFR part 75), added new requirements
to address its NOX SIP Call obligations
for sources that were trading under
CAIR but are no longer part of a trading
program, and retained and recodified
the limits on NOX emissions that
applied to stationary internal
combustion engines and cement kilns
previously in the former version of
45CSR40 (with a State effective date of
May 1, 2008) which EPA had approved
into the West Virginia SIP. As the CAIR
trading program has been replaced by
the trading programs under CSAPR, as
described previously, these revisions
removing references to CAIR are
consistent with the requirements for
CAA 110(l) as CAIR was replaced by
CSAPR and thus no longer yielded
reductions in pollutants nor presently
applied to any sources.
On February 8, 2018, WVDEP
provided a letter clarifying an
applicability exclusion specified in
section 4 of 45CSR40 of the July 13,
2016 SIP submittal. The letter clarifies
that the West Virginia regulation was
intended to refer to current provisions
of CSAPR, and thus is intended to refer
to updated CSAPR provisions. The letter
states that West Virginia will work
towards revising 45CSR40 as
expeditiously as possible to conform the
regulation to refer to currently
enforceable CSAPR provisions and will
submit the revised 45CSR40 as a SIP
revision to EPA for approval once the
regulation correctly refers to 40 CFR
part 97, subpart EEEEE.
Other specific requirements of revised
West Virginia regulation 45CSR40 and
the rationale for EPA’s proposed
approval are explained in the NPRM
and will not be restated here. However,
EPA provides two clarifications on the
NPRM—one pertains to an aspect of
EPA’s summary of the new sections in
45CSR40 that address ozone season
NOX emissions, and the second pertains
to the date of West Virginia’s
supplemental SIP submission.
EPA’s summary of section 4
(Applicability) explained that any unit
that is already subject to the CSAPR
NOX Ozone Season Trading Program FIP
established under 40 CFR part 97,
subpart BBBBB is exempt from the
ozone season NOX emission limits,
E:\FR\FM\04DER1.SGM
04DER1
62472
Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations
monitoring, recordkeeping, and
reporting requirements established in
sections 5 and 6 of 45CSR40.5 Section
4 of 45CSR40 also exempts from
applicability any units subject to a
CSAPR-equivalent trading program
established under regulations approved
as a SIP revision pursuant to 40 CFR
52.38(b)(5).6 Thus, while West Virginia
presently does not have a CSAPRequivalent program in its SIP, if West
Virginia submits a SIP revision for a
CSAPR-equivalent trading program in
the future, and EPA approves the
submittal into the State’s SIP, sections 5
and 6 of 45CSR40–4 would not apply to
such units. EPA’s intent, as stated in the
NPRM, is to approve the State
submission in full, including the
entirety of section 4. Thus, our approval
of 45CSR40 is not affected; we are
providing this clarification to explain
the breadth of 45CSR40.
Also, EPA clarifies that the October
10, 2017 SIP submission, which West
Virginia submitted to demonstrate
compliance with its NOX SIP Call nonEGU NOX emissions budget, was the
only supplemental submission from
West Virginia. The references to an
October 11, 2017 and an October 13,
2017 supplemental submission were in
error and should have instead referred
to the October 10, 2017 submittal,
which is included in the docket for this
rulemaking action.
III. Public Comments and EPA’s
Responses
EPA received three anonymous
comments on the NPRM, all of which
are in the docket for this rulemaking at
www.regulations.gov. One of the
comments did not concern any of the
specific issues raised in the NPRM, nor
did they address EPA’s rationale for the
proposed approval of WVDEP’s
submittal. Therefore, EPA is not
responding to this comment. The
remaining two comments are addressed
as follows:
Comment 1: A commenter noted that
the NPRM made reference to an October
11, 2017 and an October 13, 2017
supplemental submission from West
Virginia, and asked where these
5 As noted in section I of this document, West
Virginia intends to update the existing reference to
40 CFR part 97, subpart BBBBB to cross-reference
the currently applicable CFR provisions at 40 CFR
part 97, subpart EEEEE, after which West Virginia
will submit the updated regulation to EPA for
approval into the SIP.
6 Consistent with the State’s clarification that the
existing reference to 40 CFR part 97, subpart
BBBBB, is intended to cross-reference the currently
applicable CFR provisions at 40 CFR part 97,
subpart EEEEE, the existing reference to 40 CFR
52.38(b)(5) should be understood as referring to the
currently applicable CFR provision at 40 CFR
52.38(b)(9).
VerDate Sep<11>2014
16:14 Dec 03, 2018
Jkt 247001
submissions were as the docket only
included a supplemental submission
dated October 10, 2017.
EPA Response: The references to the
October 11, 2017 and October 13, 2017
submittals were in error as EPA
intended to refer instead to the October
10, 2017 supplemental submission.
There was only one supplemental
submission from West Virginia—the
October 10, 2017 submittal, which
provided the demonstration that West
Virginia’s NOX budget was being met.
The docket included this submittal, and
the preamble to this final rulemaking
notice explains that the NPRM
inadvertently cited the two incorrect
dates that were both intended to refer to
the October 10, 2017 submittal.
Comment 2: A commenter made a
general comment that, because of the
large coal mining industry in West
Virginia, air pollution should be taken
seriously to ensure good air quality.
EPA Response: As explained in this
document and in the NPRM, this action
establishes new requirements for large
non-EGUs to meet West Virginia’s
obligations under the NOX SIP Call.
Total NOX emissions from all affected
units may not exceed West Virginia’s
statewide NOX budget, or cap,
established by EPA under the NOX SIP
Call. Continuous emissions monitoring,
recordkeeping, and reporting are
required to assure NOX emissions do not
exceed the State cap. Thus, the 45CSR40
in the West Virginia SIP will not
interfere with the air quality or CAA
requirements, as EPA explained in the
NPRM.
IV. Final Action
EPA is approving West Virginia’s July
13, 2016 SIP revision submittal as
supplemented on October 10, 2017 and
clarified on February 8, 2018. Amended
regulation 45CSR40 removes the
obsolete provisions that implemented
the CAIR NOX Ozone Season Trading
Program, establishes new requirements
to address the NOX SIP Call obligations
for large non-EGUs in the State that
were trading under CAIR but are no
longer part of a trading program,
establishes an enforceable statewide cap
on ozone season NOX emissions for
these non-EGUs in accordance with
West Virginia’s state budget under the
NOX SIP Call, and recodifies previously
SIP-approved provisions that apply to
internal combustion engines and cement
kilns. The October 10, 2017
supplemental submission demonstrates
that the total NOX emissions from all
affected large non-EGUs in West
Virginia do not exceed the State cap
previously established for West Virginia
under the NOX SIP Call. The February
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
8, 2018 letter clarified West Virginia’s
intent to refer specifically to provisions
of CSAPR presently enforceable and its
intent to address the minor citation
cross reference expeditiously with a
future SIP revision submittal. The
revisions are in accordance with section
110 of the CAA as the SIP submittal
meets requirements in the CAA and in
40 CFR 51.121 related to the NOX SIP
Call requirements.
V. Incorporation by Reference
In this document, 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 West Virginia regulation
45CSR40—Control of Ozone Season
Nitrogen Oxides Emissions. 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).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.7
VI. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive 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.
7 62
E:\FR\FM\04DER1.SGM
FR 27968 (May 22, 1997).
04DER1
62473
Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations
• 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 February 4, 2019. 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
approving West Virginia revised
regulation 45CSR40 into the West
Virginia SIP 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: November 13, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart XX—West Virginia
2. In § 52.2520, the table in paragraph
(c) is amended by:
■ a. Revising the heading ‘‘[45 CSR]
Series 40 Control of Ozone Season
Nitrogen Oxide Emissions to Mitigate
Interstate Transport of Ozone and
Nitrogen Oxides’’ to read ‘‘[45 CSR]
Series 40 Control of Ozone Season
Nitrogen Oxides Emissions’’;
■ b. Revising ‘‘Section 45–40–1’’
through ‘‘Section 45–40–11’’;
■ c. Adding ‘‘Section 45–40–9’’ in
numerical order;
■ d. Removing ‘‘Section 45–40–12’’
through ‘‘Section 45–40–110’’;
The addition and revisions read as
follows:
■
§ 52.2520
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP
State citation
[chapter 16–20 or
45 CSR ]
*
State
effective
date
Title/subject
*
*
[45 CSR] Series 40
Section 45–40–1 ....
VerDate Sep<11>2014
General .................................
16:14 Dec 03, 2018
Jkt 247001
PO 00000
Additional explanation/
citation at 40 CFR 52.2565
EPA approval date
*
*
*
*
Control of Ozone Season Nitrogen Oxides Emissions
7/1/16
Frm 00025
12/4/2018, [insert Federal
Register citation].
Fmt 4700
Sfmt 4700
Revising 1.1.a, 1.1.b, and 1.1.c.
Removing 1.2 and 1.3.
Recodifying 1.4 and 1.5 to 1.2 and 1.3, respectively.
Revising 1.7 and recodifying as 1.5.
Prior approval of this section was 74 FR
38536 on 8/4/09.
E:\FR\FM\04DER1.SGM
04DER1
62474
Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations
EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued
State citation
[chapter 16–20 or
45 CSR ]
Title/subject
Section 45–40–2 ....
Definitions .............................
7/1/16
12/4/2018, [insert Federal
Register citation].
Section 45–40–3 ....
Measurements, Abbreviations and Acronyms.
7/1/16
12/4/2018, [insert Federal
Register citation].
Section 45–40–4 ....
Applicability ...........................
7/1/16
12/4/2018, [insert Federal
Register citation].
Section 45–40–5 ....
Ozone Season NOX Emission Limitations.
Monitoring, Recordkeeping
and Reporting Requirements.
Violation ................................
7/1/16
12/4/2018, [insert Federal
Register citation].
12/4/2018, [insert Federal
Register citation].
Removing 2.1, 2.2, 2.3, 2.5–2.8, 2.10–2.28,
2.31–2.34, 2.36–2.39, 2.41, 2.42, 2.46–
2.52, 2.54, 2.58, 2.59, 2.62–2.66, 2.68–
2.70, 2.72, 2.75, 2.78–2.82, 2.84–2.87,
2.89, 2.90, 2.92, 2.93, 2.95–2.97, and
2.99–2.103.
Revising 2.35 and recodifying as 2.5.
Revising 2.40 and recodifying as 2.6.
Revising 2.43 and recodifying as 2.7.
Revising 2.45 and recodifying as 2.8.
Revising 2.45 and recodifying as 2.9.
Revising 2.60 and recodifying as 2.14.
Revising 2.61 and recodifying as 2.15.
Revising 2.71 and recodifying as 2.17.
Revising 2.88 and recodifying as 2.23.
Revising 2.94 and recodifying as 2.25.
Revising 2.98 and recodifying as 2.26.
Recodifying 2.4 as 2.1, 2.9 as 2.2, 2.29 as
2.3,
2.30 as 2.4, 2.40 as 2.6, 2.44 as 2.8, 2.53
as 2.10, 2.55 as 2.11, 2.56 as 2.12, 2.57
as 2.13, 2.60 as 2.14, 2.67 as 2.16, 2.73
as 2.18, 2.74 as 2.19, 2.76 as 2.20, 2.77
as 2.21,
2.83 as 2.22, 2.91 as 2.24, and 2.104 as
2.27.
Prior approval of this section was 74 FR
38536 on 8/4/09.
Removed definitions for Hg, kW, kWh,
MWw, MWh, O2, ppm, lb, scfh, SO2, and
H2O.
Prior approval of this section was 74 FR
38536 on 8/4/09.
Remove preamble, 4.1, 4.2, 4.3, 4.4, and
4.5.
Add new 4.1, 4.2, and 4.3.
Prior approval of this section was 74 FR
38536 on 8/4/09.
Prior approval of this section was 74 FR
38536 on 8/4/09.
Prior approval of this section was 74 FR
38536 on 8/4/09.
12/4/2018, [insert Federal
Register citation].
12/4/2018, [insert Federal
Register citation].
12/4/2018, [insert Federal
Register citation].
Prior approval of this section was 74 FR
38536 on 8/4/09.
Prior approval of this section was 74 FR
38536 on 8/4/09.
Prior approval of this section was 74 FR
38536 on 8/4/09.
7/1/16
12/4/2018, [insert Federal
Register citation].
Prior approval of this section was 74 FR
38536 on 8/4/09.
7/1/16
12/4/2018, [insert Federal
Register citation].
Prior approval of this section was 74 FR
38536 on 8/4/09.
Section 45–40–6 ....
Section 45–40–7 ....
Section 45–40–8 ....
Section 45–40–9 ....
Section 45–40–10 ..
Section 45–40–11 ..
Ozone Season NOX Budget
Demonstration.
Ozone Season NOX Reduction Requirements for Stationary Internal Combusion
Engines.
Ozone Season NOX Reduction Requirements for
Emissions of NOX from
Cement Manufacturing
Kilns.
Inconsistency Between Rules
*
*
*
*
*
*
State
effective
date
7/1/16
7/1/16
7/1/16
7/1/16
*
Additional explanation/
citation at 40 CFR 52.2565
EPA approval date
*
*
*
*
[FR Doc. 2018–26243 Filed 12–3–18; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
20:21 Dec 03, 2018
Jkt 247001
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
E:\FR\FM\04DER1.SGM
04DER1
*
Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
I. General Information
40 CFR Part 180
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code 112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS code
32532).
A. Does this action apply to me?
[EPA–HQ–OPP–2018–0091; FRL–9986–06]
Calcium Formate; Exemption From the
Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of calcium
formate (CAS Reg. No. 544–17–2) when
used as an inert ingredient (carrier) in
pesticide formulations applied to
growing crops only. ADAMA Agan, Ltd.
c/o Makhteshim Agan of North America,
Inc. submitted a petition to EPA under
the Federal Food, Drug, and Cosmetic
Act (FFDCA), requesting establishment
of an exemption from the requirement of
a tolerance. This regulation eliminates
the need to establish a maximum
permissible level for residues of calcium
formate.
DATES: This regulation is effective
December 4, 2018. Objections and
requests for hearings must be received
on or before February 4, 2019, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2018–0091, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave., NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael L. Goodis, Director,
Registration Division (7505P), Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW, Washington, DC 20460–0001;
main telephone number: (703) 305–
7090; email address: RDFRNotices@
epa.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
20:21 Dec 03, 2018
Jkt 247001
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at https://
www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl. To access the OCSPP test
guidelines referenced in this document
electronically, please go to https://
www.epa.gov/ocspp and select ‘‘Test
Methods and Guidelines.’’
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2018–0091 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before February 4, 2019. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
62475
2018–0091, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
II. Petition for Exemption
In the Federal Register of April 11,
2018 (83 FR 15528) (FRL–9975–57),
EPA issued a document pursuant to
FFDCA section 408, 21 U.S.C. 346a,
announcing the filing of a pesticide
petition (PP IN–11075) by ADAMA
Agan, Ltd. c/o Makhteshim Agan of
North America, Inc., 3120 Highwoods
Blvd., Suite 100, Raleigh, NC 27604.
The petition requested that 40 CFR
180.920 be amended by establishing an
exemption from the requirement of a
tolerance for residues of calcium
formate (CAS Reg. No. 544–17–2) when
used as an inert ingredient (carrier) in
pesticide formulations applied to
growing crops only. That document
referenced a summary of the petition
prepared by ADAMA Agan, LTD, the
petitioner, which is available in the
docket, https://www.regulations.gov.
This is based on the Agency’s risk
assessment which can be found at
https://www.regulations.gov in
document: Calcium Formate; Human
Health Risk Assessment in docket ID
number EPA–HQ–OPP–2018–0091. No
comments were received in response to
the notice published by EPA.
III. Inert Ingredient Definition
Inert ingredients are all ingredients
that are not active ingredients as defined
in 40 CFR 153.125 and include, but are
not limited to, the following types of
ingredients (except when they have a
pesticidal efficacy of their own):
Solvents such as alcohols and
hydrocarbons; surfactants such as
polyoxyethylene polymers and fatty
acids; carriers such as clay and
E:\FR\FM\04DER1.SGM
04DER1
]]>Agencies
[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Rules and Regulations]
[Pages 62470-62475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26243]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2017-0633; FRL-9986-89-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Revisions to Regulation for Control of Ozone Season
Nitrogen Oxide Emissions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving two
state implementation plan (SIP) revisions submitted by the State of
West Virginia. The revisions pertain to a West Virginia regulation that
established the nitrogen oxides (NOX) ozone season trading
program under the Clean Air Interstate Rule (CAIR), which implemented
requirements for NOX reductions necessary to reduce
interstate transport of pollution. The EPA-administered trading
programs under CAIR were discontinued upon the implementation of the
Cross-State Air Pollution Rule (CSAPR), which was promulgated by EPA to
replace CAIR. CSAPR established Federal implementation plans (FIPs) for
28 states, including West Virginia, and applied to electric generating
units (EGUs). The SIP submittals are comprised of revisions to the West
Virginia regulation that implemented the CAIR ozone season
NOX trading program that had previously been included in the
West Virginia SIP. The revised West Virginia regulation removed the
CAIR ozone season NOX trading program provisions, which also
addressed certain large non-electric generating units (non-EGUs),
established new requirements for these large non-EGUs, included a
state-wide NOX emissions cap, and recodified certain other
provisions that address the NOX emission reductions required
for cement kilns and internal combustion engines. EPA is approving
these SIP revisions to West Virginia's ozone season NOX
regulation in accordance with the requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective on January 3, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2017-0633. All documents in the docket are listed on
the https://www.regulations.gov website. 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: Marilyn Powers, (215) 814-2308, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On August 28, 2018 (82 FR 43836), EPA published a notice of
proposed rulemaking (NPRM) which proposed approval of the SIP revisions
submitted by the State of West Virginia for revisions to Regulation
45CSR40. The first formal SIP revision was submitted by West Virginia
through the West Virginia Department of Environmental Protection
(WVDEP) on July 13, 2016. On October 10, 2017, WVDEP provided a
supplemental SIP submission comprised of a demonstration showing that
NOX emissions from applicable non-EGUs do not exceed the
West
[[Page 62471]]
Virginia NOX budget under EPA's NOX SIP Call.\1\
The NOX SIP Call, issued pursuant to Section 110 of the CAA
and codified at 40 CFR 51.121 and 51.122, was designed to mitigate
significant transport of NOX, one of the precursors of
ozone. At the same time, EPA developed the NOX Budget
Trading Program, an EPA-administered allowance trading program that
states could adopt to meet their obligations under the NOX
SIP Call. The NOX Budget Trading Program allowed EGUs
greater than 25 megawatts and industrial non-EGUs, such as boilers and
turbines, with a rated heat input greater than 250 million British
thermal units per hour (MMBtu/hr), referred to as ``large non-EGUs,''
to participate in a regional NOX cap and trade program. West
Virginia complied with the NOX SIP Call by participation of
its large EGUs and large non-EGUs in the NOX Budget Trading
Program. EPA discontinued administration of the NOX Budget
Trading Program in 2009 upon the start of the CAIR trading programs (70
FR 25162, May 12, 2005). The NOX SIP Call requirements
continued to apply, however, and EGUs in most states (including West
Virginia) that formerly participated in the NOX Budget
Trading Program continued to meet their NOX SIP Call
requirements under the generally more stringent requirements of the
CAIR NOX Ozone Season Trading Program, either pursuant to
CAIR FIPs (71 FR 25328, April 28, 2006) or pursuant to approved CAIR
SIP revisions.\2\ For the large non-EGUs, states needed to take
regulatory action to ensure that their obligations under the
NOX SIP Call continued to be met, either through an option
to submit a CAIR SIP revision that allowed the non-EGUs to participate
in the CAIR NOX Ozone Season Trading Program or through
adoption of other replacement regulations. West Virginia chose to
include the large non-EGUs as CAIR trading sources, and submitted, for
inclusion in the SIP, Regulation 40CSR40 which implemented the CAIR
NOX Ozone Season Trading Program and included the non-EGUs
as trading sources. EPA approved Regulation 45CSR40 into the West
Virginia SIP on August 4, 2009 (74 FR 38536). 45CSR40 also included
requirements for stationary internal combustion engines and cement
manufacturing kilns that are subject to the NOX SIP Call.
---------------------------------------------------------------------------
\1\ In October 1998 (63 FR 57356), EPA finalized the ``Finding
of Significant Contribution and Rulemaking for Certain States in the
Ozone Transport Assessment Group Region for Purposes of Reducing
Regional Transport of Ozone''--commonly called the NOX
SIP Call.
\2\ EPA approved a CAIR SIP revision replacing the CAIR FIP for
West Virginia on August 4, 2009 (74 FR 38536).
---------------------------------------------------------------------------
When CSAPR replaced CAIR starting on January 1, 2015,\3\ the CSAPR
FIP trading programs for annual NOX, ozone season
NOX and annual SO2 were applicable in West
Virginia. Thus, since January 1, 2015, the provisions related to
implementation of the CAIR Ozone Season Trading Program in West
Virginia regulation 45CSR40 were obsolete. Initially, the CSAPR FIP
trading programs applied only to EGUs and, unlike CAIR, did not provide
for expansion of the ozone season trading program to include the
NOX SIP Call large non-EGUs. States, like West Virginia,
whose large non-EGUs had previously traded in the CAIR NOX
Ozone Season Trading Program, were therefore required to address the
non-EGU reduction requirements of the NOX SIP Call outside
of a regional trading program.\4\
---------------------------------------------------------------------------
\3\ See NPRM for this action, page 43837, for details on the
remand of CAIR.
\4\ Subsequent to West Virginia's July 13, 2016 submission, EPA
finalized the CSAPR Update Rule to address transport related to the
2008 ozone NAAQS. It is noted that CSAPR Update included flexibility
for states to submit SIPs that expand the CSAPR ozone season trading
program to include the large non-EGUs. West Virginia has not
submitted a SIP that includes the non-EGUs as participants in the
CSAPR trading program.
---------------------------------------------------------------------------
The CSAPR FIPs which replaced CAIR only applied to EGUs, and, at
the time West Virginia developed its SIP submittal, states did not have
an option under CSAPR to bring their non-EGUs into the CSAPR
NOX Ozone Season Trading Program. So, while EGU compliance
with CSAPR satisfied the EGUs' NOX SIP Call requirements,
West Virginia needed to modify its ozone season NOX
regulation to address the NOX SIP Call requirements for the
non-EGUs that were formerly trading in the CAIR NOX ozone
season trading program. 40 CFR 51.121(f) sets forth alternatives for
states to address NOX SIP Call reduction obligations for
large non-EGUs including (1) imposing a NOX mass emissions
cap on each source, (2) imposing a NOX emissions rate limit
on each source and assuming maximum operating capacity for every such
source for purposes of estimating NOX mass emissions, or (3)
imposing other regulatory requirements that the state has demonstrated
to EPA provide equivalent or greater assurance that the state will
comply with its ozone season NOX budget.
II. Summary of SIP Revision and EPA Analysis
Former Regulation 45CSR40 (effective in West Virginia on July 1,
2016), which was approved into the West Virginia SIP, was originally
adopted by WVDEP to implement the ozone season trading program under
CAIR and to address NOX SIP Call requirements. The July 13,
2016 West Virginia SIP submittal is comprised of a revised 45CSR40
which removed the CAIR Ozone Season Trading Program provisions,
retained the definitions, applicability, and other provisions
responding to the NOX SIP Call (including monitoring under
40 CFR part 75), added new requirements to address its NOX
SIP Call obligations for sources that were trading under CAIR but are
no longer part of a trading program, and retained and recodified the
limits on NOX emissions that applied to stationary internal
combustion engines and cement kilns previously in the former version of
45CSR40 (with a State effective date of May 1, 2008) which EPA had
approved into the West Virginia SIP. As the CAIR trading program has
been replaced by the trading programs under CSAPR, as described
previously, these revisions removing references to CAIR are consistent
with the requirements for CAA 110(l) as CAIR was replaced by CSAPR and
thus no longer yielded reductions in pollutants nor presently applied
to any sources.
On February 8, 2018, WVDEP provided a letter clarifying an
applicability exclusion specified in section 4 of 45CSR40 of the July
13, 2016 SIP submittal. The letter clarifies that the West Virginia
regulation was intended to refer to current provisions of CSAPR, and
thus is intended to refer to updated CSAPR provisions. The letter
states that West Virginia will work towards revising 45CSR40 as
expeditiously as possible to conform the regulation to refer to
currently enforceable CSAPR provisions and will submit the revised
45CSR40 as a SIP revision to EPA for approval once the regulation
correctly refers to 40 CFR part 97, subpart EEEEE.
Other specific requirements of revised West Virginia regulation
45CSR40 and the rationale for EPA's proposed approval are explained in
the NPRM and will not be restated here. However, EPA provides two
clarifications on the NPRM--one pertains to an aspect of EPA's summary
of the new sections in 45CSR40 that address ozone season NOX
emissions, and the second pertains to the date of West Virginia's
supplemental SIP submission.
EPA's summary of section 4 (Applicability) explained that any unit
that is already subject to the CSAPR NOX Ozone Season
Trading Program FIP established under 40 CFR part 97, subpart BBBBB is
exempt from the ozone season NOX emission limits,
[[Page 62472]]
monitoring, recordkeeping, and reporting requirements established in
sections 5 and 6 of 45CSR40.\5\ Section 4 of 45CSR40 also exempts from
applicability any units subject to a CSAPR-equivalent trading program
established under regulations approved as a SIP revision pursuant to 40
CFR 52.38(b)(5).\6\ Thus, while West Virginia presently does not have a
CSAPR-equivalent program in its SIP, if West Virginia submits a SIP
revision for a CSAPR-equivalent trading program in the future, and EPA
approves the submittal into the State's SIP, sections 5 and 6 of
45CSR40-4 would not apply to such units. EPA's intent, as stated in the
NPRM, is to approve the State submission in full, including the
entirety of section 4. Thus, our approval of 45CSR40 is not affected;
we are providing this clarification to explain the breadth of 45CSR40.
---------------------------------------------------------------------------
\5\ As noted in section I of this document, West Virginia
intends to update the existing reference to 40 CFR part 97, subpart
BBBBB to cross-reference the currently applicable CFR provisions at
40 CFR part 97, subpart EEEEE, after which West Virginia will submit
the updated regulation to EPA for approval into the SIP.
\6\ Consistent with the State's clarification that the existing
reference to 40 CFR part 97, subpart BBBBB, is intended to cross-
reference the currently applicable CFR provisions at 40 CFR part 97,
subpart EEEEE, the existing reference to 40 CFR 52.38(b)(5) should
be understood as referring to the currently applicable CFR provision
at 40 CFR 52.38(b)(9).
---------------------------------------------------------------------------
Also, EPA clarifies that the October 10, 2017 SIP submission, which
West Virginia submitted to demonstrate compliance with its
NOX SIP Call non-EGU NOX emissions budget, was
the only supplemental submission from West Virginia. The references to
an October 11, 2017 and an October 13, 2017 supplemental submission
were in error and should have instead referred to the October 10, 2017
submittal, which is included in the docket for this rulemaking action.
III. Public Comments and EPA's Responses
EPA received three anonymous comments on the NPRM, all of which are
in the docket for this rulemaking at www.regulations.gov. One of the
comments did not concern any of the specific issues raised in the NPRM,
nor did they address EPA's rationale for the proposed approval of
WVDEP's submittal. Therefore, EPA is not responding to this comment.
The remaining two comments are addressed as follows:
Comment 1: A commenter noted that the NPRM made reference to an
October 11, 2017 and an October 13, 2017 supplemental submission from
West Virginia, and asked where these submissions were as the docket
only included a supplemental submission dated October 10, 2017.
EPA Response: The references to the October 11, 2017 and October
13, 2017 submittals were in error as EPA intended to refer instead to
the October 10, 2017 supplemental submission. There was only one
supplemental submission from West Virginia--the October 10, 2017
submittal, which provided the demonstration that West Virginia's
NOX budget was being met. The docket included this
submittal, and the preamble to this final rulemaking notice explains
that the NPRM inadvertently cited the two incorrect dates that were
both intended to refer to the October 10, 2017 submittal.
Comment 2: A commenter made a general comment that, because of the
large coal mining industry in West Virginia, air pollution should be
taken seriously to ensure good air quality.
EPA Response: As explained in this document and in the NPRM, this
action establishes new requirements for large non-EGUs to meet West
Virginia's obligations under the NOX SIP Call. Total
NOX emissions from all affected units may not exceed West
Virginia's statewide NOX budget, or cap, established by EPA
under the NOX SIP Call. Continuous emissions monitoring,
recordkeeping, and reporting are required to assure NOX
emissions do not exceed the State cap. Thus, the 45CSR40 in the West
Virginia SIP will not interfere with the air quality or CAA
requirements, as EPA explained in the NPRM.
IV. Final Action
EPA is approving West Virginia's July 13, 2016 SIP revision
submittal as supplemented on October 10, 2017 and clarified on February
8, 2018. Amended regulation 45CSR40 removes the obsolete provisions
that implemented the CAIR NOX Ozone Season Trading Program,
establishes new requirements to address the NOX SIP Call
obligations for large non-EGUs in the State that were trading under
CAIR but are no longer part of a trading program, establishes an
enforceable statewide cap on ozone season NOX emissions for
these non-EGUs in accordance with West Virginia's state budget under
the NOX SIP Call, and recodifies previously SIP-approved
provisions that apply to internal combustion engines and cement kilns.
The October 10, 2017 supplemental submission demonstrates that the
total NOX emissions from all affected large non-EGUs in West
Virginia do not exceed the State cap previously established for West
Virginia under the NOX SIP Call. The February 8, 2018 letter
clarified West Virginia's intent to refer specifically to provisions of
CSAPR presently enforceable and its intent to address the minor
citation cross reference expeditiously with a future SIP revision
submittal. The revisions are in accordance with section 110 of the CAA
as the SIP submittal meets requirements in the CAA and in 40 CFR 51.121
related to the NOX SIP Call requirements.
V. Incorporation by Reference
In this document, 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 West Virginia
regulation 45CSR40--Control of Ozone Season Nitrogen Oxides Emissions.
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). Therefore,
these materials have been approved by EPA for inclusion in the SIP,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\7\
---------------------------------------------------------------------------
\7\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
VI. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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.
[[Page 62473]]
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 February 4, 2019. 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 approving West Virginia revised regulation 45CSR40
into the West Virginia SIP 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: November 13, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart XX--West Virginia
0
2. In Sec. 52.2520, the table in paragraph (c) is amended by:
0
a. Revising the heading ``[45 CSR] Series 40 Control of Ozone Season
Nitrogen Oxide Emissions to Mitigate Interstate Transport of Ozone and
Nitrogen Oxides'' to read ``[45 CSR] Series 40 Control of Ozone Season
Nitrogen Oxides Emissions'';
0
b. Revising ``Section 45-40-1'' through ``Section 45-40-11'';
0
c. Adding ``Section 45-40-9'' in numerical order;
0
d. Removing ``Section 45-40-12'' through ``Section 45-40-110'';
The addition and revisions read as follows:
Sec. 52.2520 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations In the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
State Additional
State citation [chapter 16-20 Title/subject effective EPA approval date explanation/ citation
or 45 CSR ] date at 40 CFR 52.2565
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[45 CSR] Series 40 Control of Ozone Season Nitrogen Oxides Emissions
----------------------------------------------------------------------------------------------------------------
Section 45-40-1............... General.............. 7/1/16 12/4/2018, [insert Revising 1.1.a,
Federal Register 1.1.b, and 1.1.c.
citation]. Removing 1.2 and 1.3.
Recodifying 1.4 and
1.5 to 1.2 and 1.3,
respectively.
Revising 1.7 and
recodifying as 1.5.
Prior approval of
this section was 74
FR 38536 on 8/4/09.
[[Page 62474]]
Section 45-40-2............... Definitions.......... 7/1/16 12/4/2018, [insert Removing 2.1, 2.2,
Federal Register 2.3, 2.5-2.8, 2.10-
citation]. 2.28, 2.31-2.34,
2.36-2.39, 2.41,
2.42, 2.46-2.52,
2.54, 2.58, 2.59,
2.62-2.66, 2.68-
2.70, 2.72, 2.75,
2.78-2.82, 2.84-
2.87, 2.89, 2.90,
2.92, 2.93, 2.95-
2.97, and 2.99-
2.103.
Revising 2.35 and
recodifying as 2.5.
Revising 2.40 and
recodifying as 2.6.
Revising 2.43 and
recodifying as 2.7.
Revising 2.45 and
recodifying as 2.8.
Revising 2.45 and
recodifying as 2.9.
Revising 2.60 and
recodifying as 2.14.
Revising 2.61 and
recodifying as 2.15.
Revising 2.71 and
recodifying as 2.17.
Revising 2.88 and
recodifying as 2.23.
Revising 2.94 and
recodifying as 2.25.
Revising 2.98 and
recodifying as 2.26.
Recodifying 2.4 as
2.1, 2.9 as 2.2,
2.29 as 2.3,
2.30 as 2.4, 2.40 as
2.6, 2.44 as 2.8,
2.53 as 2.10, 2.55
as 2.11, 2.56 as
2.12, 2.57 as 2.13,
2.60 as 2.14, 2.67
as 2.16, 2.73 as
2.18, 2.74 as 2.19,
2.76 as 2.20, 2.77
as 2.21,
2.83 as 2.22, 2.91 as
2.24, and 2.104 as
2.27.
Prior approval of
this section was 74
FR 38536 on 8/4/09.
Section 45-40-3............... Measurements, 7/1/16 12/4/2018, [insert Removed definitions
Abbreviations and Federal Register for Hg, kW, kWh,
Acronyms. citation]. MWw, MWh, O2, ppm,
lb, scfh, SO2, and
H2O.
Prior approval of
this section was 74
FR 38536 on 8/4/09.
Section 45-40-4............... Applicability........ 7/1/16 12/4/2018, [insert Remove preamble, 4.1,
Federal Register 4.2, 4.3, 4.4, and
citation]. 4.5.
Add new 4.1, 4.2, and
4.3.
Prior approval of
this section was 74
FR 38536 on 8/4/09.
Section 45-40-5............... Ozone Season NOX 7/1/16 12/4/2018, [insert Prior approval of
Emission Limitations. Federal Register this section was 74
citation]. FR 38536 on 8/4/09.
Section 45-40-6............... Monitoring, 7/1/16 12/4/2018, [insert Prior approval of
Recordkeeping and Federal Register this section was 74
Reporting citation]. FR 38536 on 8/4/09.
Requirements.
Section 45-40-7............... Violation............ 7/1/16 12/4/2018, [insert Prior approval of
Federal Register this section was 74
citation]. FR 38536 on 8/4/09.
Section 45-40-8............... Ozone Season NOX 7/1/16 12/4/2018, [insert Prior approval of
Budget Demonstration. Federal Register this section was 74
citation]. FR 38536 on 8/4/09.
Section 45-40-9............... Ozone Season NOX 7/1/16 12/4/2018, [insert Prior approval of
Reduction Federal Register this section was 74
Requirements for citation]. FR 38536 on 8/4/09.
Stationary Internal
Combusion Engines.
Section 45-40-10.............. Ozone Season NOX 7/1/16 12/4/2018, [insert Prior approval of
Reduction Federal Register this section was 74
Requirements for citation]. FR 38536 on 8/4/09.
Emissions of NOX
from Cement
Manufacturing Kilns.
Section 45-40-11.............. Inconsistency Between 7/1/16 12/4/2018, [insert Prior approval of
Rules. Federal Register this section was 74
citation]. FR 38536 on 8/4/09.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-26243 Filed 12-3-18; 8:45 am]
BILLING CODE 6560-50-P
