Approval and Promulgation of Air Quality Implementation Plans; West Virginia; 2019 Amendments to West Virginia's Ambient Air Quality Standards, 10613-10615 [2020-03153]
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Federal Register / Vol. 85, No. 37 / Tuesday, February 25, 2020 / Rules and Regulations
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 F—California
2. Section 52.220 is amended by
adding paragraph (c)(503)(i)(B) to read
as follows:
■
§ 52.220
Identification of plan-in part.
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(c) * * *
(503) * * *
(i) * * *
(B) San Diego County Air Pollution
Control District.
(1) Rule 67.21, ‘‘Adhesive Material
Application Operations,’’ amended on
May 14, 2008.
(2) [Reserved]
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BILLING CODE 6560–50–P
I. Background
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2019–0553; FRL–10005–
49–Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; 2019 Amendments to West
Virginia’s Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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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:
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 December 23, 2019 (84 FR 64243),
EPA published a notice of proposed
rulemaking (NPRM) for the State of
West Virginia. In the NPRM, EPA
proposed approval of a formal SIP
revision submitted on May 6, 2019. The
formal SIP revision updates the version
of the NAAQS and the associated
monitoring reference and equivalent
methods for those NAAQS that West
Virginia incorporates by reference into
the State’s legislative rules and the SIP.
II. Summary of SIP Revision and EPA
Analysis
This SIP revision was submitted by
the West Virginia Department of
Environmental Protection (WVDEP) in
SUMMARY: The Environmental Protection
order to update the State’s incorporation
Agency (EPA) is approving a state
by reference of the primary and
implementation plan (SIP) revision
secondary NAAQS and the ambient air
submitted by the State of West Virginia.
monitoring reference and equivalent
This revision updates the effective date
methods, found in 40 CFR parts 50 and
of the national ambient air quality
53, respectively. Currently, West
standards (NAAQS) and the associated
Virginia’s EPA-approved SIP includes
monitoring reference and equivalent
the older version of West Virginia
methods for those NAAQS which West
regulation 45CSR8 which incorporates
Virginia incorporates into its State
by reference 40 CFR parts 50 and 53 as
regulations and the SIP. EPA is
these Federal regulations existed on
approving this revision to the West
June 1, 2017. West Virginia has since
Virginia SIP in accordance with the
adopted at the State level a revision to
requirements of the Clean Air Act
45CSR8 which now incorporates by
(CAA).
reference the Federal regulations at 40
DATES: This final rule is effective on
CFR parts 50 and 53 as these regulations
March 26, 2020.
existed on June 1, 2018. Following EPA
approval of this SIP revision, the EPAADDRESSES: EPA has established a
approved West Virginia SIP will reflect
docket for this action under Docket ID
Number EPA–R03–OAR–2019–0553. All that 40 CFR parts 50 and 53, as they
existed on June 1, 2018, are part of the
documents in the docket are listed on
EPA-approved West Virginia SIP. EPA
the https://www.regulations.gov
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10613
notes that since June 1, 2017, EPA
reviewed the primary standards for
oxides of nitrogen (NOX), as required by
CAA section 109(d), but chose to retain
the 1-hour and annual nitrogen dioxide
(NO2) standards without revision. See
83 FR 17226. Thus, EPA has not made
any changes to the ambient air quality
standards, ambient air monitoring
reference methods, or any ambient air
monitoring equivalent methods in 40
CFR parts 50 and 53 since West Virginia
last incorporated by reference into
45CSR8 the NAAQS and monitoring
methods in 40 CFR parts 50 and 53 as
they existed on June 1, 2017. Other
specific requirements and the rationale
for EPA’s proposed action are explained
in the NPRM and will not be restated
here.
III. Response to Comments
EPA received five sets of anonymous
comments in response to the NPRM.
Three of the commenters supported
West Virginia’s updating of its
incorporation by reference of the
NAAQS. EPA thanks these commenters
but will otherwise only respond to the
question contained in one of these
comments. Two of the comments were
difficult to interpret but did not appear
to support the rulemaking. EPA’s best
effort to interpret and respond to these
two comments is represented in this
section of this rulemaking action.
Comment 1: The first commenter was
generally supportive of the action but
also asked when the revision of the
effective date in this rulemaking would
take place.
Response 1: The provisions of West
Virginia’s amended regulation, 45CSR8,
became effective at the State level on
June 1, 2019. EPA’s approval of this
revision into the SIP will become
effective 30 days after this final rule is
published in the Federal Register. For
the specific effective date of EPA’s
approval, see the DATES section of this
document.
Comment 2: One commenter asked
why EPA was requiring rules about the
NAAQS and asked why EPA requires
the NAAQS. The commenter suggested
that EPA stop requiring states like West
Virginia to adopt rules like this and
allow West Virginia to remove these
rules. The commenter also generally
expressed opinions irrelevant to this
rulemaking.
Response 2: The Clean Air Act is a
Federal law (statute) adopted by
Congress and approved by the
President. Section 109 of the CAA
requires that the Administrator adopt
NAAQS for certain air pollutants which,
in the judgment of the Administrator,
are necessary to protect the public
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Federal Register / Vol. 85, No. 37 / Tuesday, February 25, 2020 / Rules and Regulations
health and welfare, with an adequate
margin of safety. CAA section 109(a),
(b); 42 U.S.C. 7409(a), (b). While the
Administrator has some discretion in
setting the safe level for these pollutants
in the ambient air, the CAA requires that
the Administrator set and review these
levels every five years. CAA section 109;
42 U.S.C. 7409. Section 107 of the CAA
gives states the primary responsibility
for assuring air quality within each state
by submitting an implementation plan
for the state (a ‘‘SIP’’) that specifies how
the NAAQS will be achieved and
maintained in the state. 42 U.S.C. 7407.
Thus, Federal law requires NAAQS in
order to protect public health and the
environment, and the Administrator
must implement this law. Also,
although the CAA allows states some
discretion in how to attain and maintain
compliance with the ambient air quality
standards, states are required by section
110(a) of the CAA to submit
implementation plans for achieving and
maintaining the ambient air quality
standards. 42 U.S.C. 7410(a). Therefore,
it is a Federal law, the CAA, which
requires NAAQS and not a requirement
created by EPA.
EPA disagrees with the commenter
with regards to the Agency ‘‘requiring
rules about the NAAQS.’’ When a state
incorporates into its state regulations a
Federal rule or standard by reference to
that Federal rule, the state is formally
adopting the standard or rule into its
own state rules without having to
rewrite the entirety of the referenced
rule or standard. States typically
incorporate Federal rules by reference to
maintain consistency between state and
Federal requirements and for ease of
adoption, implementation, and
enforcement by the state. While nothing
in the CAA or EPA’s regulations
requires that West Virginia incorporate
by reference the Federal regulations
setting forth the NAAQS in order to
adopt the NAAQS into the State’s SIP,
West Virginia has made the choice to
incorporate by reference the NAAQS
into its SIP. West Virginia is exercising
its discretion to adopt State regulations
incorporating the NAAQS. Because
West Virginia chooses to incorporate by
reference the NAAQS, and because West
Virginia incorporates by reference the
NAAQS in its State regulations by
referring to Federal regulations as
published on a certain date, West
Virginia periodically updates its State
regulations to refer to the most up-todate NAAQS in current Federal
regulations.
The SIP revision in this rulemaking
was submitted by West Virginia because
the State’s rule, 45CSR8—Ambient Air
Quality Standards, incorporated the
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NAAQS and the ambient air monitoring
reference and equivalent methods found
in 40 CFR parts 50 and 53, respectively,
as of June 1, 2017. Because West
Virginia wants to ensure the most recent
ambient air quality standards and air
monitoring methods are enforceable at
the State level, West Virginia routinely
revises 45CSR8 to update the date by
which the rule incorporates the Federal
standards by reference. In this case,
West Virginia revised the date of
incorporation by reference from June 1,
2017 to June 1, 2018. By revising this
date, West Virginia’s ambient air quality
standards and air monitoring methods
would match the NAAQS and air
monitoring methods in 40 CFR parts 50
and 53 as of June 1, 2018.
Comment 3: Another commenter also
asked why EPA was requiring rules
about the NAAQS and suggested that
these rules ‘‘are to be voluntary, in order
to reduce undue administrative burdens
on states to make the NAAQS optional.’’
Response 3: As stated in response to
comment 2 of this preamble, the
purpose of the NAAQS is to protect
human health and the environment, and
Federal law (the CAA) requires that the
Administrator establish the NAAQS and
requires that states adopt plans to
ensure the NAAQS are achieved and
maintained. It is not within EPA’s
authority to make the NAAQS
voluntary. EPA also notes that West
Virginia has voluntarily chosen to use
the method of incorporation by
reference to adopt the NAAQS into its
State regulations and the SIP. West
Virginia could have directly adopted the
NAAQS standards into West Virginia’s
regulations without using the
incorporation by reference method. As
stated previously, states often choose to
incorporate the Federal regulations by
reference in order to ensure the state’s
regulations (and therefore the SIP) are
identical to Federal standards for
implementation and enforcement
purposes.
IV. Final Action
EPA is approving the West Virginia
SIP revision updating the date of
incorporation by reference as a revision
to the West Virginia SIP. The SIP
revision was submitted on May 6, 2019.
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 45CSR8, as effective on
June 1, 2019. EPA has made, and will
continue to make, these materials
generally available through https://
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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.1
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.
• 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 (Public Law 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);
1 62
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• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 27, 2020. 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 the West Virginia SIP
revision incorporation by reference the
NAAQS, may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
10615
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: February 7, 2020.
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) entitled ‘‘EPA-Approved Regulations
in the West Virginia SIP’’ is amended by
revising entries under the heading ‘‘[45
CSR] Series 8 Ambient Air Quality
Standards’’ to read as follows:
■
§ 52.2520
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Identification of plan.
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(c) * * *
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EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP
State citation
[Chapter 16–20 or 45 CSR]
State
effective
date
Title/subject
*
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Additional explanation/
citation at 40 CFR 52.2565
EPA approval date
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[45 CSR] Series 8 Ambient Air Quality Standards
Section 45–8–1 .....................
General ................................
6/1/19
Section 45–8–2 .....................
Definitions ............................
6/1/19
Section 45–8–3 .....................
Adoption of Standards .........
6/1/19
Section 45–8–4 .....................
Inconsistency Between
Rules.
6/1/19
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[FR Doc. 2020–03153 Filed 2–24–20; 8:45 am]
2/25/20, [Insert Federal
Register citation].
2/25/20, [Insert Federal
Register citation].
2/25/20, [Insert Federal
Register citation].
2/25/20, [Insert Federal
Register citation].
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Docket #2019–0553. Filing and effective dates are revised; Sunset provision added.
Docket #2019–0553. Previous Approval 10/5/18.
Docket #2019–0553. Effective date is revised.
Docket #2019–0553. Previous Approval 10/5/18.
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ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
40 CFR Part 721
[EPA–HQ–OPPT–2018–0627 and EPA–HQ–
OPPT–2018–0697; FRL–10003–45]
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RIN 2070–AB27
Significant New Use Rules on Certain
Chemical Substances (18–1 and 18–4);
Technical Correction
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
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Final rule; technical correction.
EPA issued final significant
new use rules (SNURs) in the Federal
Register of November 25, 2019 for 22
chemical substances that were the
subject of premanufacture notices
(PMNs) (SNUR batch 18–1), and in in
the Federal Register of December 5,
2019 for 29 chemical substances that
were the subject of PMNs (SNUR batch
18–4). In SNUR batch 18–1, for the
chemical substance that was the subject
of PMN P–15–114, EPA made errors in
the SNUR requirements for hazard
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 37 (Tuesday, February 25, 2020)]
[Rules and Regulations]
[Pages 10613-10615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03153]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2019-0553; FRL-10005-49-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; 2019 Amendments to West Virginia's Ambient Air Quality
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the State of West
Virginia. This revision updates the effective date of the national
ambient air quality standards (NAAQS) and the associated monitoring
reference and equivalent methods for those NAAQS which West Virginia
incorporates into its State regulations and the SIP. EPA is approving
this revision to the West Virginia SIP in accordance with the
requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on March 26, 2020.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2019-0553. 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: 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:
I. Background
On December 23, 2019 (84 FR 64243), EPA published a notice of
proposed rulemaking (NPRM) for the State of West Virginia. In the NPRM,
EPA proposed approval of a formal SIP revision submitted on May 6,
2019. The formal SIP revision updates the version of the NAAQS and the
associated monitoring reference and equivalent methods for those NAAQS
that West Virginia incorporates by reference into the State's
legislative rules and the SIP.
II. Summary of SIP Revision and EPA Analysis
This SIP revision was submitted by the West Virginia Department of
Environmental Protection (WVDEP) in order to update the State's
incorporation by reference of the primary and secondary NAAQS and the
ambient air monitoring reference and equivalent methods, found in 40
CFR parts 50 and 53, respectively. Currently, West Virginia's EPA-
approved SIP includes the older version of West Virginia regulation
45CSR8 which incorporates by reference 40 CFR parts 50 and 53 as these
Federal regulations existed on June 1, 2017. West Virginia has since
adopted at the State level a revision to 45CSR8 which now incorporates
by reference the Federal regulations at 40 CFR parts 50 and 53 as these
regulations existed on June 1, 2018. Following EPA approval of this SIP
revision, the EPA-approved West Virginia SIP will reflect that 40 CFR
parts 50 and 53, as they existed on June 1, 2018, are part of the EPA-
approved West Virginia SIP. EPA notes that since June 1, 2017, EPA
reviewed the primary standards for oxides of nitrogen (NOX),
as required by CAA section 109(d), but chose to retain the 1-hour and
annual nitrogen dioxide (NO2) standards without revision.
See 83 FR 17226. Thus, EPA has not made any changes to the ambient air
quality standards, ambient air monitoring reference methods, or any
ambient air monitoring equivalent methods in 40 CFR parts 50 and 53
since West Virginia last incorporated by reference into 45CSR8 the
NAAQS and monitoring methods in 40 CFR parts 50 and 53 as they existed
on June 1, 2017. Other specific requirements and the rationale for
EPA's proposed action are explained in the NPRM and will not be
restated here.
III. Response to Comments
EPA received five sets of anonymous comments in response to the
NPRM. Three of the commenters supported West Virginia's updating of its
incorporation by reference of the NAAQS. EPA thanks these commenters
but will otherwise only respond to the question contained in one of
these comments. Two of the comments were difficult to interpret but did
not appear to support the rulemaking. EPA's best effort to interpret
and respond to these two comments is represented in this section of
this rulemaking action.
Comment 1: The first commenter was generally supportive of the
action but also asked when the revision of the effective date in this
rulemaking would take place.
Response 1: The provisions of West Virginia's amended regulation,
45CSR8, became effective at the State level on June 1, 2019. EPA's
approval of this revision into the SIP will become effective 30 days
after this final rule is published in the Federal Register. For the
specific effective date of EPA's approval, see the DATES section of
this document.
Comment 2: One commenter asked why EPA was requiring rules about
the NAAQS and asked why EPA requires the NAAQS. The commenter suggested
that EPA stop requiring states like West Virginia to adopt rules like
this and allow West Virginia to remove these rules. The commenter also
generally expressed opinions irrelevant to this rulemaking.
Response 2: The Clean Air Act is a Federal law (statute) adopted by
Congress and approved by the President. Section 109 of the CAA requires
that the Administrator adopt NAAQS for certain air pollutants which, in
the judgment of the Administrator, are necessary to protect the public
[[Page 10614]]
health and welfare, with an adequate margin of safety. CAA section
109(a), (b); 42 U.S.C. 7409(a), (b). While the Administrator has some
discretion in setting the safe level for these pollutants in the
ambient air, the CAA requires that the Administrator set and review
these levels every five years. CAA section 109; 42 U.S.C. 7409. Section
107 of the CAA gives states the primary responsibility for assuring air
quality within each state by submitting an implementation plan for the
state (a ``SIP'') that specifies how the NAAQS will be achieved and
maintained in the state. 42 U.S.C. 7407. Thus, Federal law requires
NAAQS in order to protect public health and the environment, and the
Administrator must implement this law. Also, although the CAA allows
states some discretion in how to attain and maintain compliance with
the ambient air quality standards, states are required by section
110(a) of the CAA to submit implementation plans for achieving and
maintaining the ambient air quality standards. 42 U.S.C. 7410(a).
Therefore, it is a Federal law, the CAA, which requires NAAQS and not a
requirement created by EPA.
EPA disagrees with the commenter with regards to the Agency
``requiring rules about the NAAQS.'' When a state incorporates into its
state regulations a Federal rule or standard by reference to that
Federal rule, the state is formally adopting the standard or rule into
its own state rules without having to rewrite the entirety of the
referenced rule or standard. States typically incorporate Federal rules
by reference to maintain consistency between state and Federal
requirements and for ease of adoption, implementation, and enforcement
by the state. While nothing in the CAA or EPA's regulations requires
that West Virginia incorporate by reference the Federal regulations
setting forth the NAAQS in order to adopt the NAAQS into the State's
SIP, West Virginia has made the choice to incorporate by reference the
NAAQS into its SIP. West Virginia is exercising its discretion to adopt
State regulations incorporating the NAAQS. Because West Virginia
chooses to incorporate by reference the NAAQS, and because West
Virginia incorporates by reference the NAAQS in its State regulations
by referring to Federal regulations as published on a certain date,
West Virginia periodically updates its State regulations to refer to
the most up-to-date NAAQS in current Federal regulations.
The SIP revision in this rulemaking was submitted by West Virginia
because the State's rule, 45CSR8--Ambient Air Quality Standards,
incorporated the NAAQS and the ambient air monitoring reference and
equivalent methods found in 40 CFR parts 50 and 53, respectively, as of
June 1, 2017. Because West Virginia wants to ensure the most recent
ambient air quality standards and air monitoring methods are
enforceable at the State level, West Virginia routinely revises 45CSR8
to update the date by which the rule incorporates the Federal standards
by reference. In this case, West Virginia revised the date of
incorporation by reference from June 1, 2017 to June 1, 2018. By
revising this date, West Virginia's ambient air quality standards and
air monitoring methods would match the NAAQS and air monitoring methods
in 40 CFR parts 50 and 53 as of June 1, 2018.
Comment 3: Another commenter also asked why EPA was requiring rules
about the NAAQS and suggested that these rules ``are to be voluntary,
in order to reduce undue administrative burdens on states to make the
NAAQS optional.''
Response 3: As stated in response to comment 2 of this preamble,
the purpose of the NAAQS is to protect human health and the
environment, and Federal law (the CAA) requires that the Administrator
establish the NAAQS and requires that states adopt plans to ensure the
NAAQS are achieved and maintained. It is not within EPA's authority to
make the NAAQS voluntary. EPA also notes that West Virginia has
voluntarily chosen to use the method of incorporation by reference to
adopt the NAAQS into its State regulations and the SIP. West Virginia
could have directly adopted the NAAQS standards into West Virginia's
regulations without using the incorporation by reference method. As
stated previously, states often choose to incorporate the Federal
regulations by reference in order to ensure the state's regulations
(and therefore the SIP) are identical to Federal standards for
implementation and enforcement purposes.
IV. Final Action
EPA is approving the West Virginia SIP revision updating the date
of incorporation by reference as a revision to the West Virginia SIP.
The SIP revision was submitted on May 6, 2019.
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 45CSR8, as
effective on June 1, 2019. EPA has made, and will continue to make,
these materials generally available through https://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.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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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.
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 (Public Law 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);
[[Page 10615]]
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 April 27, 2020. 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 the West Virginia SIP revision
incorporation by reference the NAAQS, 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, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: February 7, 2020.
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) entitled ``EPA-Approved
Regulations in the West Virginia SIP'' is amended by revising entries
under the heading ``[45 CSR] Series 8 Ambient Air Quality Standards''
to read as follows:
Sec. 52.2520 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
State Additional explanation/
State citation [Chapter 16-20 Title/subject effective EPA approval date citation at 40 CFR
or 45 CSR] date 52.2565
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[45 CSR] Series 8 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Section 45-8-1.................. General............ 6/1/19 2/25/20, [Insert Docket #2019-0553.
Federal Register Filing and effective
citation]. dates are revised;
Sunset provision
added.
Section 45-8-2.................. Definitions........ 6/1/19 2/25/20, [Insert Docket #2019-0553.
Federal Register Previous Approval 10/5/
citation]. 18.
Section 45-8-3.................. Adoption of 6/1/19 2/25/20, [Insert Docket #2019-0553.
Standards. Federal Register Effective date is
citation]. revised.
Section 45-8-4.................. Inconsistency 6/1/19 2/25/20, [Insert Docket #2019-0553.
Between Rules. Federal Register Previous Approval 10/5/
citation]. 18.
* * * * * * *
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* * * * *
[FR Doc. 2020-03153 Filed 2-24-20; 8:45 am]
BILLING CODE 6560-50-P
