Air Plan Approval; West Virginia; 2021 Amendments to West Virginia's Ambient Air Quality Standards, 67789-67791 [2022-24339]
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Federal Register / Vol. 87, No. 217 / Thursday, November 10, 2022 / Rules and Regulations
Friday; they are also available
electronically at https://
www.regulations.gov. FDA has verified
the website addresses, as of the date this
document publishes in the Federal
Register, but websites are subject to
change over time.
1. Memorandum from N. Belai, Color
Technology Branch, Division of Color
Certification and Technology, Office of
Cosmetics and Colors (OCAC), CFSAN,
FDA to S. Hice, Regulatory Review
Branch (RRB), Division of Food
Ingredients (DFI), Office of Food
Additive Safety (OFAS), CFSAN, FDA,
September 30, 2022.
2. Memorandum from M. Swain, Chemistry
Review Branch, DFI, OFAS, CFSAN,
FDA to S. Hice, RRB, DFI, OFAS,
CFSAN, FDA, October 7, 2022.
3. Memorandum of Telephone Conversation
from S. Hice, RRB, DFI, OFAS, CFSAN,
FDA, January 26, 2022.
4. Letter from D. Keefe, OFAS, CFSAN, FDA
to H. Newman, Desert Lake
Technologies, LLC, Agency Response
Letter GRAS Notice 000424, December 6,
2012, (https://wayback.archive-it.org/
7993/20171031010129/https://
www.fda.gov/Food/Ingredients
PackagingLabeling/GRAS/
NoticeInventory/ucm335743.htm).
5. Memorandum from D. DeGroot,
Toxicology Review Branch (TRB), DFI,
OFAS, CFSAN, FDA to S. Hice, RRB,
DFI, OFAS, CFSAN, FDA, October 8,
2022.
6. Memorandum from D. DeGroot, TRB, DFI,
OFAS, CFSAN, FDA to S. Hice, RRB,
DFI, OFAS, CFSAN, FDA, October 8,
2022.
List of Subjects in 21 CFR Part 73
Color additives, Cosmetics, Drugs,
Foods, Medical devices.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under the
authority delegated to the Commissioner
of the Food and Drugs, 21 CFR part 73
is amended as follows:
PART 73—LISTING OF COLOR
ADDITIVES EXEMPT FROM
CERTIFICATION
1. The authority citation for part 73
continues to read as follows:
■
Authority: 21 U.S.C. 321, 341, 342, 343,
348, 351, 352, 355, 361, 362, 371, 379e.
2. Section 73.530 is amended by
revising paragraph (c) to read as follows:
■
§ 73.530
Spirulina extract.
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(c) Uses and restrictions. Spirulina
extract may be safely used for coloring
confections (including candy and
chewing gum), frostings, ice cream and
frozen desserts (including non-dairy
frozen dessert), dessert coatings and
toppings, beverage mixes and powders,
yogurts (including non-dairy yogurt
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alternatives), custards, puddings
(including non-dairy puddings), cottage
cheese, gelatin, breadcrumbs, ready-toeat cereals (excluding extruded cereals),
alcoholic beverages with less than 20
percent alcohol-by-volume content,
non-alcoholic beverages, seasoning
mixes (unheated), salad dressings,
condiments and sauces, dips, coating
formulations applied to dietary
supplement tablets and capsules, at
levels consistent with good
manufacturing practice, and to
seasonally color the shells of hardboiled eggs, except that it may not be
used to color foods for which standards
of identity have been issued under
section 401 of the Federal Food, Drug,
and Cosmetic Act, unless the use of the
added color is authorized by such
standards.
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Dated: November 3, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022–24429 Filed 11–9–22; 8:45 am]
BILLING CODE 4164–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2022–0528; FRL–10357–
02–R3]
Air Plan Approval; West Virginia; 2021
Amendments to West Virginia’s
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
67789
(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 www.regulations.gov,
or please contact the person identified
in the FOR FURTHER INFORMATION
CONTACT section for additional
availability information.
FOR FURTHER INFORMATION CONTACT:
Serena Nichols, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1617 John
F Kennedy Blvd., Philadelphia,
Pennsylvania 19103. The telephone
number is (215) 814–2053. Ms. Nichols
can also be reached via electronic mail
at Nichols.Serena@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 17, 2022 (87 FR 50593),
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 11, 2021.
The formal SIP revision updates West
Virginia’s incorporation by reference of
the NAAQS promulgated by EPA and
found at 40 Code of Federal Regulations
(CFR) part 50 and ambient air
monitoring reference methods and
equivalent methods promulgated by
EPA found at 40 CFR part 53 into West
Virginia’s legislative rules.
II. Summary of SIP Revision and EPA
Analysis
West Virginia Department of
Environmental
Protection (WVDEP) has
SUMMARY: The Environmental Protection
historically chosen to incorporate by
Agency (EPA) is approving a state
reference the Federal NAAQS, found at
implementation plan (SIP) revision
submitted by the State of West Virginia. 40 CFR part 50, and the associated
Federal ambient air monitoring
The revision updates West Virginia’s
reference methods and equivalent
incorporation by reference of EPA’s
methods for these NAAQS found at 40
national ambient air quality standards
(NAAQS) and the associated monitoring CFR part 53. When incorporating by
reference these Federal regulations,
reference and equivalent methods. EPA
is approving these revisions to the West WVDEP has specified that it is
incorporating by reference these
Virginia SIP in accordance with the
regulations as they existed on a certain
requirements of the Clean Air Act
date. The incorporation by reference of
(CAA).
the NAAQS that is currently approved
DATES: This final rule is effective on
in the West Virginia SIP incorporates by
December 12, 2022.
reference 40 CFR parts 50 and 53 as they
existed on June 1, 2019. West Virginia’s
ADDRESSES: EPA has established a
May 11, 2021 SIP revision updates the
docket for this action under Docket ID
Number EPA–R03–OAR–2022–0528. All State’s incorporation by reference of the
primary and secondary NAAQS and the
documents in the docket are listed on
ambient air monitoring reference and
the www.regulations.gov website.
equivalent methods, found in 40 CFR
Although listed in the index, some
parts 50 and 53, respectively, as of June
information is not publicly available,
1, 2020. Since the last West Virginia
e.g., confidential business information
PO 00000
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Federal Register / Vol. 87, No. 217 / Thursday, November 10, 2022 / Rules and Regulations
incorporation by reference of June 1,
2019, EPA: (1) designated one new
equivalent method for measuring
concentrations of ozone in ambient air;
(2) designated one new reference
method for measuring concentrations of
nitrogen dioxide; (3) amended an
existing reference method for measuring
particulate matter (PM10) in ambient air;
(4) designated on new reference method
for measuring concentrations of sulfur
dioxide in ambient air; (5) designated
one new equivalent method for
measuring concentrations of nitrogen
dioxide in ambient air. See 84 FR 44299
(August 23, 2019), 84 FR 50833
(September 26, 2019), 85 FR 5958
(February 2, 2020), 85 FR 27221 (May 7,
2020).
The amendments to the legislative
rule include changes to section 45–8–1
(General), 45–8–2 (Definitions), and 45–
8–3 (Adoption of Standards). The
amendments update West Virginia’s
incorporation by reference of the
primary and secondary NAAQS and the
ambient air monitoring reference and
equivalent methods from June 1, 2019,
to June 1, 2020. West Virginia is
incorporating the Federal rules in 40
CFR parts 50 and 53 as they existed on
June 1, 2020 into 45–8–1 and 45–8–3.
The amendment to section 45–8–2
changes the wording of the definition of
both the CAA and ‘‘Secretary.’’
No comments were received on the
August 17, 2022 NPRM.
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III. Final Action
EPA is approving the West Virginia
SIP revision of May 11, 2021, updating
the incorporation by reference of EPA’s
NAAQS and associated ambient air
monitoring reference methods and
equivalent methods.
IV. 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—Ambient Air
Quality Standards, as effective June 1,
2021, as discussed in Section II. of this
preamble. 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
VerDate Sep<11>2014
16:26 Nov 09, 2022
Jkt 259001
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
V. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
1 62
PO 00000
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 January 9, 2023. 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 updating its
incorporation by reference of EPA’s
NAAQS and associated ambient air
monitoring reference methods and
equivalent methods, 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,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
FR 27968 (May 22, 1997).
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Federal Register / Vol. 87, No. 217 / Thursday, November 10, 2022 / Rules and Regulations
requirements, Sulfur oxides, Volatile
organic compounds.
in the West Virginia SIP’’ is amended by
revising the entries for ‘‘Section 45–8–
1’’, ‘‘Section 45–8–2’’, ‘‘Section 45–8–
3’’, and ‘‘Section 45–8–4’’ under the
heading ‘‘[45 CSR] Series 8 Ambient Air
Quality Standards’’ to read as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Adam Ortiz,
Regional Administrator, Region III.
1. The authority citation for part 52
continues to read as follows:
■
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
Authority: 42 U.S.C. 7401 et seq.
§ 52.2520
Subpart XX—West Virginia
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2. In § 52.2520, the table in paragraph
(c) entitled ‘‘EPA-Approved Regulations
■
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
*
*
*
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 .................................................
6/1/21
Section 45–8–2 ....
Definitions .............................................
6/1/21
Section 45–8–3 ....
Adoption of Standards ..........................
6/1/21
Section 45–8–4 ....
Inconsistency Between Rules ...............
6/1/21
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2021–0016; FRL–8339–02–
OAR]
RIN 2060–AV34
National Emission Standards for
Hazardous Air Pollutants: Paint
Stripping and Miscellaneous Surface
Coating Operations at Area Sources
Technology Review
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This action finalizes the
technology review conducted for the
paint stripping and miscellaneous
surface coating operations area source
categories regulated under national
emission standards for hazardous air
pollutants (NESHAP). These final
amendments also address provisions
regarding electronic reporting; make
miscellaneous clarifying and technical
corrections; simplify the petition for
exemption process; and clarify
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[Insert Federal Register
Docket #2022–0528.
[Insert Federal Register
Docket #2022–0528.
[Insert Federal Register
Docket #2022–0528.
*
This final rule is effective on
November 10, 2022. The incorporation
by reference of certain publications
listed in the rule is approved by the
Director of the Federal Register as of
November 10, 2022.
The U.S. Environmental
Protection Agency (EPA) has established
a docket for this action under Docket ID
No. EPA–HQ–OAR–2021–0016. All
documents in the docket are listed on
the https://www.regulations.gov/
website. Although listed, some
information is not publicly available,
e.g., Confidential Business Information
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 either
electronically through https://
www.regulations.gov/, or in hard copy at
the EPA Docket Center, WJC West
Building, Room Number 3334, 1301
Constitution Ave. NW, Washington, DC.
The Public Reading Room hours of
operation are 8:30 a.m. to 4:30 p.m.
ADDRESSES:
SUMMARY:
Docket #2022–0528.
DATES:
40 CFR Part 63
16:26 Nov 09, 2022
*
[Insert Federal Register
requirements for emissions during
periods of startup, shutdown, and
malfunction (SSM). We are making no
revisions to the numerical emission
limits based on the technology review.
*
[FR Doc. 2022–24339 Filed 11–9–22; 8:45 am]
VerDate Sep<11>2014
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citation].
11/10/2022,
citation].
11/10/2022,
citation].
11/10/2022,
citation].
PO 00000
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Eastern Standard Time (EST), Monday
through Friday. The telephone number
for the Public Reading Room is (202)
566–1744, and the telephone number for
the EPA Docket Center is (202) 566–
1742.
FOR FURTHER INFORMATION CONTACT: For
questions about this final action, contact
Lisa Sutton, Sector Policies and
Programs Division (D243–04), Office of
Air Quality Planning and Standards,
U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; telephone number: (919) 541–
3450; fax number: (919) 541–4991; and
email address: sutton.lisa@epa.gov.
SUPPLEMENTARY INFORMATION:
Preamble acronyms and
abbreviations. Throughout this
document the use of ‘‘we,’’ ‘‘us,’’ or
‘‘our’’ is intended to refer to the EPA.
We use multiple acronyms and terms in
this preamble. While this list may not be
exhaustive, to ease the reading of this
preamble and for reference purposes,
the EPA defines the following terms and
acronyms here:
ASHRAE American Society of Heating,
Refrigerating, and Air-Conditioning
Engineers
CAA Clean Air Act
CDX Central Data Exchange
CEDRI Compliance and Emissions Data
Reporting Interface
CFR Code of Federal Regulations
E:\FR\FM\10NOR1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Rules and Regulations]
[Pages 67789-67791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24339]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2022-0528; FRL-10357-02-R3]
Air Plan Approval; West Virginia; 2021 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. The revision updates West Virginia's incorporation by
reference of EPA's national ambient air quality standards (NAAQS) and
the associated monitoring reference and equivalent methods. EPA is
approving these revisions to the West Virginia SIP in accordance with
the requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on December 12, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2022-0528. All documents in the docket are listed on
the 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
www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Serena Nichols, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1617 John F Kennedy Blvd.,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2053. Ms. Nichols can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On August 17, 2022 (87 FR 50593), 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 11,
2021. The formal SIP revision updates West Virginia's incorporation by
reference of the NAAQS promulgated by EPA and found at 40 Code of
Federal Regulations (CFR) part 50 and ambient air monitoring reference
methods and equivalent methods promulgated by EPA found at 40 CFR part
53 into West Virginia's legislative rules.
II. Summary of SIP Revision and EPA Analysis
West Virginia Department of Environmental Protection (WVDEP) has
historically chosen to incorporate by reference the Federal NAAQS,
found at 40 CFR part 50, and the associated Federal ambient air
monitoring reference methods and equivalent methods for these NAAQS
found at 40 CFR part 53. When incorporating by reference these Federal
regulations, WVDEP has specified that it is incorporating by reference
these regulations as they existed on a certain date. The incorporation
by reference of the NAAQS that is currently approved in the West
Virginia SIP incorporates by reference 40 CFR parts 50 and 53 as they
existed on June 1, 2019. West Virginia's May 11, 2021 SIP revision
updates 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, as of June 1,
2020. Since the last West Virginia
[[Page 67790]]
incorporation by reference of June 1, 2019, EPA: (1) designated one new
equivalent method for measuring concentrations of ozone in ambient air;
(2) designated one new reference method for measuring concentrations of
nitrogen dioxide; (3) amended an existing reference method for
measuring particulate matter (PM10) in ambient air; (4)
designated on new reference method for measuring concentrations of
sulfur dioxide in ambient air; (5) designated one new equivalent method
for measuring concentrations of nitrogen dioxide in ambient air. See 84
FR 44299 (August 23, 2019), 84 FR 50833 (September 26, 2019), 85 FR
5958 (February 2, 2020), 85 FR 27221 (May 7, 2020).
The amendments to the legislative rule include changes to section
45-8-1 (General), 45-8-2 (Definitions), and 45-8-3 (Adoption of
Standards). The amendments update West Virginia's incorporation by
reference of the primary and secondary NAAQS and the ambient air
monitoring reference and equivalent methods from June 1, 2019, to June
1, 2020. West Virginia is incorporating the Federal rules in 40 CFR
parts 50 and 53 as they existed on June 1, 2020 into 45-8-1 and 45-8-3.
The amendment to section 45-8-2 changes the wording of the definition
of both the CAA and ``Secretary.''
No comments were received on the August 17, 2022 NPRM.
III. Final Action
EPA is approving the West Virginia SIP revision of May 11, 2021,
updating the incorporation by reference of EPA's NAAQS and associated
ambient air monitoring reference methods and equivalent methods.
IV. 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--
Ambient Air Quality Standards, as effective June 1, 2021, as discussed
in Section II. of this preamble. 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\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 9, 2023. 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 updating its
incorporation by reference of EPA's NAAQS and associated ambient air
monitoring reference methods and equivalent methods, 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, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
[[Page 67791]]
requirements, Sulfur oxides, Volatile organic compounds.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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 the
entries for ``Section 45-8-1'', ``Section 45-8-2'', ``Section 45-8-3'',
and ``Section 45-8-4'' 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 citation [Chapter State Additional explanation/
16-20 or 45 CSR] Title/subject effective date EPA approval date citation at 40 CFR 52.2565
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[45 CSR] Series 8 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Section 45-8-1........... General........... 6/1/21 11/10/2022, Docket #2022-0528.
[Insert Federal
Register
citation].
Section 45-8-2........... Definitions....... 6/1/21 11/10/2022, Docket #2022-0528.
[Insert Federal
Register
citation].
Section 45-8-3........... Adoption of 6/1/21 11/10/2022, Docket #2022-0528.
Standards. [Insert Federal
Register
citation].
Section 45-8-4........... Inconsistency 6/1/21 11/10/2022, Docket #2022-0528.
Between Rules. [Insert Federal
Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2022-24339 Filed 11-9-22; 8:45 am]
BILLING CODE 6560-50-P
