Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Infrastructure Requirements for the 2015 Ozone Standard, 69349-69351 [2019-27274]

Download as PDF Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Proposed Rules the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132 (Federalism), if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this proposed rule does not have tribal implications under Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments) because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. khammond on DSKJM1Z7X2PROD with PROPOSALS E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security Directive 023–01 and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves the establishment of a safety zone around an OCS facility to protect life, property and the marine VerDate Sep<11>2014 15:58 Dec 17, 2019 Jkt 250001 environment. Normally such actions are categorically excluded from further review under paragraph L60(a) in Table 3–1 of U.S. Coast Guard Environmental Planning Implementing Procedures 5090.1. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at https:// www.regulations.gov. If your material cannot be submitted using https:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit https:// www.regulations.gov/privacyNotice. Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 147 Continental shelf, Marine safety, Navigation (water). For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 147 as follows: PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 69349 PART 147—SAFETY ZONES 1. The authority citation for part 147 continues to read as follows: ■ Authority: 14 U.S.C. 85; 43 U.S.C. 1333; and Department of Homeland Security Delegation No. 0170.1. 2. Amend 33 CFR 147.861 to read as follows: ■ § 147.861 Safety Zone; Big Foot Tension Leg Platform, Outer Continental Shelf on the Gulf of Mexico. (a) Description. The Big Foot Tension Leg Platform (TLP) is in the deepwater area of the Gulf of Mexico at Walker Ridge 29. The Big Foot TLP is located at latitude N 26–55.308 and longitude W 90–31–14.952, and the area within 500 meters of the Big Foot TLP, is a permanent safety zone. (b) Regulation. No vessel may enter or remain in this safety zone except for the following: (1) An attending vessel, as defined by 33 CFR 147.20, or (2) A vessel authorized by the Commander, Eighth Coast Guard District or a designated representative. Dated: December 10, 2019. John P. Nadeau, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District. [FR Doc. 2019–27175 Filed 12–17–19; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2019–0103; FRL–10003– 48–Region 3] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Infrastructure Requirements for the 2015 Ozone Standard Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submittal from the State of West Virginia pursuant to the Clean Air Act (CAA). Whenever new or revised national ambient air quality standards (NAAQS or standards) are promulgated, the CAA requires states to submit a plan for the implementation, maintenance, and enforcement of such NAAQS. The plan is required to address basic program elements, including, but not limited to, regulatory structure, monitoring, modeling, legal authority, SUMMARY: E:\FR\FM\18DEP1.SGM 18DEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 69350 Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Proposed Rules and adequate resources necessary to assure attainment and maintenance of the standards. These elements are referred to as infrastructure requirements. West Virginia made a submittal addressing most of the infrastructure requirements for the 2015 ozone NAAQS and later supplemented the submittals to address the interstate transport elements; EPA is not proposing any action on the interstate transport elements at this time. DATES: Written comments must be received on or before January 17, 2020. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R03– OAR–2019–0103 at https:// www.regulations.gov, or via email to spielberger.susan@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Joseph Schulingkamp, Planning & Implementation Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone number is (215) 814–2021. Mr. Schulingkamp can also be reached via electronic mail at schulingkamp.joseph@epa.gov. SUPPLEMENTARY INFORMATION: On October 26, 2015, EPA revised both the primary and secondary NAAQS for ozone based on 8-hour average concentrations to 0.070 parts per million (ppm). See 80 FR 65292. Pursuant to CAA section 110(a)(1), states are required to submit SIPs VerDate Sep<11>2014 15:58 Dec 17, 2019 Jkt 250001 meeting the applicable requirements of section 110(a)(2) within three years after promulgation of a new or revised NAAQS or within such shorter period as EPA may prescribe. Section 110(a)(2) requires states to address basic SIP elements such as requirements for monitoring, basic program requirements and legal authority that are designed to assure attainment and maintenance of the NAAQS. Section 110(a) imposes the obligation upon states to make a SIP submission to EPA for a new or revised NAAQS, but the contents of that submission may vary depending upon the facts and circumstances. In particular, the data and analytical tools available at the time the state develops and submits the SIP for a new or revised NAAQS affects the content of the submission. The content of such SIP submissions may also vary depending upon what provisions the state’s existing SIP already contains. In the case of the 2015 ozone NAAQS, states typically have met the basic program elements required in section 110(a)(2) through earlier SIP submissions in connection with the 1997 and 2008 ozone NAAQS. Section 110(a)(1) of the CAA provides the procedural and timing requirements for SIPs, while section 110(a)(2) lists specific elements that states must meet for infrastructure SIP requirements related to a newly established or revised NAAQS. As mentioned earlier, these requirements include basic SIP elements such as requirements for monitoring, basic program requirements and legal authority that are designed to assure attainment and maintenance of the NAAQS. I. Background On September 14, 2018, WVDEP submitted a revision to its SIP to satisfy the requirements of CAA section 110(a)(2) for the 2015 ozone NAAQS (hereafter the ‘‘2015 Infrastructure SIP’’). This submittal addressed the following elements of CAA section 110(a)(2): (A), (B), (C), (D)(i)(II), (E), (F), (G), (H), (J), (K), (L), and (M). This submittal did not address CAA section 110(a)(2)(D)(i)(I) (interstate transport), however, the state committed to submitting a supplemental SIP revision to fully address this requirement. On February 4, 2019, the WVDEP supplemented its 2015 Infrastructure SIP to address the interstate transport elements of CAA section 110(a)(2)(D)(i)(I) (hereafter the ‘‘2015 Transport SIP’’). At this time, EPA is not taking action on West Virginia’s 2015 Transport SIP and will address that submittal in a later separate action. PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 II. How EPA Evaluates Infrastructure SIPs Pursuant to CAA section 110(a), states must provide SIP revisions addressing relevant infrastructure SIP elements from section 110(a)(2)(A) through (M) or provide certification that the existing SIP contains provisions adequately addressing these elements for the 2015 ozone NAAQS. EPA reviews each infrastructure SIP submission for compliance with the applicable statutory provisions of CAA section 110(a)(2), as appropriate. Historically, EPA has elected to use non-binding guidance documents to make recommendations for states’ development and EPA review of infrastructure SIPs, in some cases conveying needed interpretations on newly arising issues, and in others conveying interpretations that have already been developed and applied to individual SIP submissions for particular elements. EPA guidance applicable to these infrastructure SIP submissions is embodied in several documents.1 Unless otherwise noted below, EPA is following that existing approach in acting on this submission. In addition, in the context of acting on such infrastructure submissions, EPA evaluates the submitting state’s SIP for facial compliance with statutory and regulatory requirements, not for the state’s implementation of its SIP.2 EPA has other authority to address any issues concerning a state’s implementation of the rules, regulations, consent orders, etc. that comprise its SIP. III. EPA’s Analysis West Virginia’s 2015 Infrastructure SIP submittal addressed the following infrastructure elements, or portions thereof, for the 2015 ozone NAAQS: CAA section 110(a)(2)(A), (B), (C), D(i)(II), D(ii), (E), (F), (G), (H), (J), (K), (L), and (M). The 2015 Infrastructure SIP submittal did not address element (I) which pertains to the nonattainment requirements of part D, title I of the CAA, since this element is not required to be submitted by the 3-year submission deadline of section 110(a)(1) and will be addressed in a separate process. EPA has analyzed the 2015 Infrastructure SIP submission and is 1 EPA explains its approach in its September 13, 2013 Infrastructure SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/ sipstatus/docs/Guidance_on_Infrastructure_SIP_ Elements_Multipollutant_FINAL_Sept_2013.pdf), as well as in numerous agency actions, including EPA’s prior action on West Virginia’s infrastructure SIP to address the 2008 ozone NAAQS (79 FR 19001 (April 7, 2014)). 2 See Montana Environ. Info. Center v. EPA, 902 F.3d 971 (9th Cir. 2018). E:\FR\FM\18DEP1.SGM 18DEP1 Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Proposed Rules proposing to make a determination that the submittal meets the requirements of the identified elements. A detailed summary of EPA’s review and rationale for approving West Virginia’s submittal may be found in the technical support document (TSD) for this proposed rulemaking action which is available online at www.regulations.gov, docket number EPA–R03–OAR–2019–0103. IV. Proposed Action EPA is proposing to approve West Virginia’s September 14, 2018 submittal which provides the basic program elements, or portions thereof, specified in section 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) necessary to implement, maintain, and enforce the 2015 ozone NAAQS. This proposed rulemaking action does not include action on section 110(a)(2)(I) which pertains to the nonattainment planning requirements of part D, title I of the CAA, because this element is not required to be submitted by the 3-year submission deadline of section 110(a)(1) of the CAA and will be addressed in a separate process. This proposed rulemaking action also does not address section 110(a)(2)(D)(i)(I) which pertains to the interstate transport of emissions; EPA will propose action on West Virginia’s 2015 Transport SIP in a later separate action. EPA is soliciting public comments on the issues discussed in this document which will be considered before taking final rulemaking action. khammond on DSKJM1Z7X2PROD with PROPOSALS V. Statutory and Executive Order Reviews 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 proposed 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 VerDate Sep<11>2014 15:58 Dec 17, 2019 Jkt 250001 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 proposed rule, pertaining to West Virginia’s section 110(a)(2) infrastructure requirements for the 2015 ozone NAAQS, 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. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: December 12, 2019. Diana Esher, Acting Regional Administrator, Region III. [FR Doc. 2019–27274 Filed 12–17–19; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 69351 FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 27 [WT Docket No. 18–120; Report No. 3135; FRS 16304] Petitions for Reconsideration of Action in Proceeding Federal Communications Commission. ACTION: Petition for Reconsideration. AGENCY: Petitions for Reconsideration (Petitions) have been filed in the Commission’s proceeding listed below by Kevin J. Allis, on behalf of National Congress of American Indians, Burt Q.C. Lum, on behalf of The Hawaii Broadband Initiative and Keith Krueger, et al., on behalf of the Schools, Health & Libraries Broadband Coalition, Consortium for School Networking, State Educational Technology Directors Association, American Library Association, Nation Digital Inclusion Alliance, the Nebraska Department of Education, Utah Education and Telehealth Network, Council of Chief State School Officers, A Better Wireless, and Access Humboldt. DATES: Oppositions to the Petitions must be filed on or before January 2, 2020. Replies to an opposition must be filed on or before January 13, 2020. ADDRESSES: Federal Communications Commission, 445 12th Street SW, Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: John Schauble, Deputy Chief, Broadband Division, Wireless Telecommunications Bureau at (202) 418–0797. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s document, Report No. 3135, released December 05, 2019. The full text of the Petitions are available for viewing and copying at the FCC Reference Information Center, 445 12th Street SW, Room CY–A257, Washington, DC 20554. Petitions also may be accessed online via the Commission’s Electronic Comment Filing System at: https:// apps.fcc.gov/ecfs/. The Commission will not send a Congressional Review Act (CRA) submission to Congress or the Government Accountability Office pursuant to the CRA, 5 U.S.C. because no rules are being adopted by the Commission. Subject: Transforming the 2.5 GHz Band, FCC 19–62, published at 84 FR 57343, published October 25, 2019, correction published at 84 FR 64209, November 21, 2019, in WT Docket No. 18–120. Number of Petitions Filed: 3. SUMMARY: E:\FR\FM\18DEP1.SGM 18DEP1

Agencies

[Federal Register Volume 84, Number 243 (Wednesday, December 18, 2019)]
[Proposed Rules]
[Pages 69349-69351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27274]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2019-0103; FRL-10003-48-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Infrastructure Requirements for the 2015 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submittal from the 
State of West Virginia pursuant to the Clean Air Act (CAA). Whenever 
new or revised national ambient air quality standards (NAAQS or 
standards) are promulgated, the CAA requires states to submit a plan 
for the implementation, maintenance, and enforcement of such NAAQS. The 
plan is required to address basic program elements, including, but not 
limited to, regulatory structure, monitoring, modeling, legal 
authority,

[[Page 69350]]

and adequate resources necessary to assure attainment and maintenance 
of the standards. These elements are referred to as infrastructure 
requirements. West Virginia made a submittal addressing most of the 
infrastructure requirements for the 2015 ozone NAAQS and later 
supplemented the submittals to address the interstate transport 
elements; EPA is not proposing any action on the interstate transport 
elements at this time.

DATES: Written comments must be received on or before January 17, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2019-0103 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Joseph Schulingkamp, Planning & 
Implementation Branch (3AD30), Air & Radiation Division, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2021. Mr. Schulingkamp can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: On October 26, 2015, EPA revised both the 
primary and secondary NAAQS for ozone based on 8-hour average 
concentrations to 0.070 parts per million (ppm). See 80 FR 65292. 
Pursuant to CAA section 110(a)(1), states are required to submit SIPs 
meeting the applicable requirements of section 110(a)(2) within three 
years after promulgation of a new or revised NAAQS or within such 
shorter period as EPA may prescribe. Section 110(a)(2) requires states 
to address basic SIP elements such as requirements for monitoring, 
basic program requirements and legal authority that are designed to 
assure attainment and maintenance of the NAAQS. Section 110(a) imposes 
the obligation upon states to make a SIP submission to EPA for a new or 
revised NAAQS, but the contents of that submission may vary depending 
upon the facts and circumstances. In particular, the data and 
analytical tools available at the time the state develops and submits 
the SIP for a new or revised NAAQS affects the content of the 
submission. The content of such SIP submissions may also vary depending 
upon what provisions the state's existing SIP already contains.
    In the case of the 2015 ozone NAAQS, states typically have met the 
basic program elements required in section 110(a)(2) through earlier 
SIP submissions in connection with the 1997 and 2008 ozone NAAQS. 
Section 110(a)(1) of the CAA provides the procedural and timing 
requirements for SIPs, while section 110(a)(2) lists specific elements 
that states must meet for infrastructure SIP requirements related to a 
newly established or revised NAAQS. As mentioned earlier, these 
requirements include basic SIP elements such as requirements for 
monitoring, basic program requirements and legal authority that are 
designed to assure attainment and maintenance of the NAAQS.

I. Background

    On September 14, 2018, WVDEP submitted a revision to its SIP to 
satisfy the requirements of CAA section 110(a)(2) for the 2015 ozone 
NAAQS (hereafter the ``2015 Infrastructure SIP''). This submittal 
addressed the following elements of CAA section 110(a)(2): (A), (B), 
(C), (D)(i)(II), (E), (F), (G), (H), (J), (K), (L), and (M). This 
submittal did not address CAA section 110(a)(2)(D)(i)(I) (interstate 
transport), however, the state committed to submitting a supplemental 
SIP revision to fully address this requirement. On February 4, 2019, 
the WVDEP supplemented its 2015 Infrastructure SIP to address the 
interstate transport elements of CAA section 110(a)(2)(D)(i)(I) 
(hereafter the ``2015 Transport SIP''). At this time, EPA is not taking 
action on West Virginia's 2015 Transport SIP and will address that 
submittal in a later separate action.

II. How EPA Evaluates Infrastructure SIPs

    Pursuant to CAA section 110(a), states must provide SIP revisions 
addressing relevant infrastructure SIP elements from section 
110(a)(2)(A) through (M) or provide certification that the existing SIP 
contains provisions adequately addressing these elements for the 2015 
ozone NAAQS.
    EPA reviews each infrastructure SIP submission for compliance with 
the applicable statutory provisions of CAA section 110(a)(2), as 
appropriate. Historically, EPA has elected to use non-binding guidance 
documents to make recommendations for states' development and EPA 
review of infrastructure SIPs, in some cases conveying needed 
interpretations on newly arising issues, and in others conveying 
interpretations that have already been developed and applied to 
individual SIP submissions for particular elements. EPA guidance 
applicable to these infrastructure SIP submissions is embodied in 
several documents.\1\ Unless otherwise noted below, EPA is following 
that existing approach in acting on this submission. In addition, in 
the context of acting on such infrastructure submissions, EPA evaluates 
the submitting state's SIP for facial compliance with statutory and 
regulatory requirements, not for the state's implementation of its 
SIP.\2\ EPA has other authority to address any issues concerning a 
state's implementation of the rules, regulations, consent orders, etc. 
that comprise its SIP.
---------------------------------------------------------------------------

    \1\ EPA explains its approach in its September 13, 2013 
Infrastructure SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as well as in numerous agency actions, including EPA's prior 
action on West Virginia's infrastructure SIP to address the 2008 
ozone NAAQS (79 FR 19001 (April 7, 2014)).
    \2\ See Montana Environ. Info. Center v. EPA, 902 F.3d 971 (9th 
Cir. 2018).
---------------------------------------------------------------------------

III. EPA's Analysis

    West Virginia's 2015 Infrastructure SIP submittal addressed the 
following infrastructure elements, or portions thereof, for the 2015 
ozone NAAQS: CAA section 110(a)(2)(A), (B), (C), D(i)(II), D(ii), (E), 
(F), (G), (H), (J), (K), (L), and (M). The 2015 Infrastructure SIP 
submittal did not address element (I) which pertains to the 
nonattainment requirements of part D, title I of the CAA, since this 
element is not required to be submitted by the 3-year submission 
deadline of section 110(a)(1) and will be addressed in a separate 
process.
    EPA has analyzed the 2015 Infrastructure SIP submission and is

[[Page 69351]]

proposing to make a determination that the submittal meets the 
requirements of the identified elements. A detailed summary of EPA's 
review and rationale for approving West Virginia's submittal may be 
found in the technical support document (TSD) for this proposed 
rulemaking action which is available online at www.regulations.gov, 
docket number EPA-R03-OAR-2019-0103.

IV. Proposed Action

    EPA is proposing to approve West Virginia's September 14, 2018 
submittal which provides the basic program elements, or portions 
thereof, specified in section 110(a)(2)(A), (B), (C), (D)(i)(II), 
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) necessary to 
implement, maintain, and enforce the 2015 ozone NAAQS. This proposed 
rulemaking action does not include action on section 110(a)(2)(I) which 
pertains to the nonattainment planning requirements of part D, title I 
of the CAA, because this element is not required to be submitted by the 
3-year submission deadline of section 110(a)(1) of the CAA and will be 
addressed in a separate process. This proposed rulemaking action also 
does not address section 110(a)(2)(D)(i)(I) which pertains to the 
interstate transport of emissions; EPA will propose action on West 
Virginia's 2015 Transport SIP in a later separate action. EPA is 
soliciting public comments on the issues discussed in this document 
which will be considered before taking final rulemaking action.

V. Statutory and Executive Order Reviews

    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 proposed 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 proposed rule, pertaining to West Virginia's 
section 110(a)(2) infrastructure requirements for the 2015 ozone NAAQS, 
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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: December 12, 2019.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2019-27274 Filed 12-17-19; 8:45 am]
 BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.