Air Plan Approval; West Virginia; 2022 Amendments to West Virginia's Ambient Air Quality Standards, 48381-48383 [2023-15810]
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Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / Rules and Regulations
a counterclaimant asserting a
counterclaim arising under an
agreement shall consist of information
pertaining to:
(1) Identification and a description of
the specific terms or provisions of the
agreement the counterclaim respondent
is alleged to have violated;
(2) The basis for the counterclaimant’s
belief that the agreement was valid;
(3) The basis for the counterclaimant’s
belief that the agreement was violated;
(4) The basis for the counterclaimant’s
belief that the agreement could affect
the relief that might be awarded to the
claimant;
(5) A description of the
counterclaimant’s performance under
the agreement, as relevant to the
counterclaim;
(6) Identification and a description of
any inadequacies in performance under
the agreement by the counterclaim
respondent; and
(7) If the agreement at issue in the
counterclaim is oral, a description of the
terms and provisions of the agreement.
(g) For a counterclaim respondent
responding to a counterclaim arising
under an agreement. In addition to the
information in paragraph (a) of this
section, the standard interrogatories for
a counterclaim respondent responding
to a counterclaim arising under an
agreement shall consist of information
pertaining to:
(1) All defenses asserted to the
counterclaim arising under an
agreement and the basis for those
assertions. Defenses listed in timely
answers and timely updated answers to
the standard interrogatories shall be
considered by the Board and will not
require an amendment of the
counterclaim response;
(2) The basis for any other reasons the
counterclaim respondent believes that it
did not violate the agreement or that the
agreement was not valid;
(3) The basis for any belief by the
counterclaim respondent that the
agreement does not affect the relief that
might be awarded to the claimant;
(4) A description of the counterclaim
respondent’s performance under the
agreement, as relevant to the
counterclaim; and
(5) Identification and a description of
any inadequacies in performance under
the agreement by the counterclaimant.
*
*
*
*
*
■ 6. Amend § 225.3 as follows:
■ a. Redesignate paragraphs (f) and (g)
as paragraph (h) and (i), respectively.
■ b. Add paragraphs (f) and (g), as
follows:
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§ 225.3 Standard requests for the
production of documents.
*
*
*
*
*
(f) For a counterclaimant asserting a
counterclaim arising under an
agreement. In addition to the
information in paragraph (a) of this
section, the standard requests for the
production of documents for a party
asserting a counterclaim arising under
an agreement shall include copies of:
(1) The agreement at issue in the
counterclaim arising under an
agreement, including any amendments
or revisions;
(2) Documents related to the
agreement at issue, including any
amendments or revisions and
documents related to the validity of and
the parties’ performance under the
agreement; and
(3) Documents relevant to damages
arising out of the counterclaim,
including documents sufficient to show
the damages suffered by the
counterclaimant related to violation of
the agreement in question.
(g) For a counterclaim respondent
responding to a counterclaim arising
under an agreement. In addition to the
information in paragraph (a) of this
section, the standard requests for the
production of documents for a
counterclaim respondent responding to
a counterclaim arising under an
agreement shall include copies of:
(1) The agreement at issue in the
counterclaim arising under an
agreement, including any amendments
or revisions;
(2) Documents related to the
agreement at issue, including any
amendments or revisions and
documents related to the validity of and
the parties’ performance under the
agreement; and
(3) Documents relevant to damages,
including documents sufficient to show
the lack of damages suffered by the
counterclaimant related to the
counterclaim respondent’s alleged
violation of the agreement in question.
*
*
*
*
*
Dated: July 19, 2023.
Shira Perlmutter,
Register of Copyrights and Director of the
U.S. Copyright Office.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2023–15940 Filed 7–26–23; 8:45 am]
BILLING CODE 1410–30–P
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48381
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2022–0656; FRL–10083–
02–R3]
Air Plan Approval; West Virginia; 2022
Amendments to West Virginia’s
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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 (IBR) 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
August 28, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2022–0656. 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: Om
P. Devkota, Planning & Implementation
Branch (3AD30), Air & Radiation
Division, U.S. Environmental Protection
Agency, Region III, Four Penn Center,
1600 John F. Kennedy Boulevard,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2172.
Mr. Devkota can also be reached via
electronic mail at devkota.om@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
On May 8, 2023 (88 FR 29616), EPA
published a notice of proposed
rulemaking (NPRM) for the State of
West Virginia. In the NPRM, EPA
proposed approval of a formal SIP
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revision submitted on July 1, 2022. The
formal SIP revision updates West
Virginia’s IBR 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.
ddrumheller on DSK120RN23PROD with RULES1
II. Summary of SIP Revision and EPA
Analysis
West Virginia Department of
Environmental Protection (WVDEP) has
historically chosen to incorporate by
reference the 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 IBR 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, 2020. West Virginia’s
July 1, 2022 SIP revision updates the
State’s IBR 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, 2021.
Since the last West Virginia IBR of
June 1, 2020, EPA: (1) updated method
201A of Appendix M of Part 51; (2)
completed the review of the NAAQS for
particulate matter; (3) completed the
review of the NAAQS for ozone; and (4)
designated one new reference method
for measuring concentrations of sulfur
dioxide and one new equivalent method
for measuring concentrations of
particulate matter (PM10) in ambient air.
See 85 FR 63394 (October 7, 2020—
corrected in 86 FR 9470 (February 16,
2021)), 85 FR 82684 (December 18,
2020), 85 FR 87256 (December 31,
2020), and 86 FR 12682 (March 4, 2021).
The amendments to the legislative
rule include changes to sections 45–8–
1 (General) and 45–8–3 (Adoption of
Standards). The amendments
alphabetize the criteria pollutants list in
the scope (1.1), update the filing and
effective dates (1.3, 1.4) and update
West Virginia’s IBR of the primary and
secondary NAAQS and the ambient air
monitoring reference and equivalent
methods from June 1, 2020, to June 1,
2021 (1.6, 3.1, 3.2). West Virginia is
incorporating the Federal rules in 40
CFR parts 50 and 53 as they existed on
June 1, 2021, into sections 45–8–1 and
45–8–3.
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III. EPA’s Response to Comments
Received
EPA received one comment in
response to the NPRM, which is
available in the docket for this action.
The comment was outside of the scope
of this rulemaking. As such, the
comment does not require a response by
EPA.
IV. Final Action
EPA is approving the West Virginia
SIP revision of July 1, 2022, updating
the IBR of EPA’s NAAQS and associated
ambient air monitoring reference
methods and equivalent methods.
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
April 1, 2022, as discussed in section II.
EPA has made, and will continue to
make, these materials generally
available through www.regulations.gov
and at the EPA Region III Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.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);
PO 00000
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FR 27968 (May 22, 1997).
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• 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
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, this rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
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commercial operations or programs and
policies.’’
The WVDEP did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this
action. Consideration of EJ is not
required as part of this action, and there
is no information in the record
inconsistent with the stated goal of E.O.
12898 of achieving environmental
justice for people of color, low-income
populations, and Indigenous peoples.
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 September 25, 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
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
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 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:
■
§ 52.2520
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP
State citation
[chapter 16–20 or 45
CSR]
State
effective
date
Title/subject
*
*
Additional
explanation/citation at 40
CFR 52.2565
EPA approval
date
*
*
*
*
*
[45 CSR] Series 8 Ambient Air Quality Standards
Section
Section
Section
Section
*
45–8–1
45–8–2
45–8–3
45–8–4
*
..........
..........
..........
..........
General ....................................
Definitions ................................
Adoption of Standards .............
Inconsistency Between Rules
*
*
*
*
*
*
This regulation establishes
tolerances for residues of sodium salt of
acifluorfen in or on berry, low growing,
subgroup 13–07G; soybean, vegetable,
edible podded; and soybean, vegetable,
succulent shelled. The Interregional
Project Number 4 (IR–4) requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
ddrumheller on DSK120RN23PROD with RULES1
*
SUMMARY:
BILLING CODE 6560–50–P
[EPA–HQ–OPP–2022–0361; FRL–11130–01–
OCSPP]
Sodium Salt of Acifluorfen; Pesticide
Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
16:11 Jul 26, 2023
7/27/23 [INSERT FEDERAL REGISTER CITATION]
7/27/23 [INSERT FEDERAL REGISTER CITATION]
7/27/23, [INSERT FEDERAL REGISTER CITATION]
7/27/23, [INSERT FEDERAL REGISTER CITATION]
*
[FR Doc. 2023–15810 Filed 7–26–23; 8:45 am]
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This regulation is effective July
27, 2023. Objections and requests for
hearings must be received on or before
September 25, 2023, and must be filed
in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
DATES:
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*
..............
..............
.............
.............
Docket
Docket
Docket
Docket
#2022–0656.
#2022–0656.
#2022–0656.
#2022–0656.
*
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2022–0361, is
available online at https://
www.regulations.gov or in-person at the
Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the
Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room and the OPP
Docket is (202) 566–1744. For the latest
status information on EPA/DC services,
ADDRESSES:
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]]>Agencies
[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Rules and Regulations]
[Pages 48381-48383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15810]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2022-0656; FRL-10083-02-R3]
Air Plan Approval; West Virginia; 2022 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 (IBR) 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 August 28, 2023.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2022-0656. 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: Om P. Devkota, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, Four Penn Center, 1600
John F. Kennedy Boulevard, Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814-2172. Mr. Devkota can also be reached via
electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On May 8, 2023 (88 FR 29616), EPA published a notice of proposed
rulemaking (NPRM) for the State of West Virginia. In the NPRM, EPA
proposed approval of a formal SIP
[[Page 48382]]
revision submitted on July 1, 2022. The formal SIP revision updates
West Virginia's IBR 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 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 IBR 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, 2020. West
Virginia's July 1, 2022 SIP revision updates the State's IBR 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, 2021.
Since the last West Virginia IBR of June 1, 2020, EPA: (1) updated
method 201A of Appendix M of Part 51; (2) completed the review of the
NAAQS for particulate matter; (3) completed the review of the NAAQS for
ozone; and (4) designated one new reference method for measuring
concentrations of sulfur dioxide and one new equivalent method for
measuring concentrations of particulate matter (PM10) in
ambient air. See 85 FR 63394 (October 7, 2020--corrected in 86 FR 9470
(February 16, 2021)), 85 FR 82684 (December 18, 2020), 85 FR 87256
(December 31, 2020), and 86 FR 12682 (March 4, 2021).
The amendments to the legislative rule include changes to sections
45-8-1 (General) and 45-8-3 (Adoption of Standards). The amendments
alphabetize the criteria pollutants list in the scope (1.1), update the
filing and effective dates (1.3, 1.4) and update West Virginia's IBR of
the primary and secondary NAAQS and the ambient air monitoring
reference and equivalent methods from June 1, 2020, to June 1, 2021
(1.6, 3.1, 3.2). West Virginia is incorporating the Federal rules in 40
CFR parts 50 and 53 as they existed on June 1, 2021, into sections 45-
8-1 and 45-8-3.
III. EPA's Response to Comments Received
EPA received one comment in response to the NPRM, which is
available in the docket for this action. The comment was outside of the
scope of this rulemaking. As such, the comment does not require a
response by EPA.
IV. Final Action
EPA is approving the West Virginia SIP revision of July 1, 2022,
updating the IBR of EPA's NAAQS and associated ambient air monitoring
reference methods and equivalent methods.
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 April 1, 2022, as discussed in section II. EPA has made, and
will continue to make, these materials generally available through
www.regulations.gov and at the EPA Region III Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
VI. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, this rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
[[Page 48383]]
commercial operations or programs and policies.''
The WVDEP did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
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 September 25, 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
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 16- State Additional explanation/
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........... 4/1/22 7/27/23 [INSERT Docket #2022-0656.
FEDERAL REGISTER
CITATION].
Section 45-8-2............. Definitions....... 4/1/22 7/27/23 [INSERT Docket #2022-0656.
FEDERAL REGISTER
CITATION].
Section 45-8-3............. Adoption of 4/1/22 7/27/23, [INSERT Docket #2022-0656.
Standards. FEDERAL REGISTER
CITATION].
Section 45-8-4............. Inconsistency 4/1/22 7/27/23, [INSERT Docket #2022-0656.
Between Rules. FEDERAL REGISTER
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-15810 Filed 7-26-23; 8:45 am]
BILLING CODE 6560-50-P
