[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Rules and Regulations]
[Pages 30832-30835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13067]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2009-0876; FRL-9311-9]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Permits for Construction and Major Modification of Major
Stationary Sources of Air Pollution for the Prevention of Significant
Deterioration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of West Virginia. The intended effect of this
action is to approve the inclusion of nitrogen oxides (NOx)
as a precursor to ozone in the State of West Virginia for permits for
construction and major modification of major stationary sources of air
pollution for the prevention of significant deterioration (PSD) areas
in West Virginia. This action will also add the Federally equivalent
provisions to the rules for the PSD program as they pertain to
``reasonable possibility'' and delete certain references to pollution
control projects (PCPs) and clean units (CUs) to make the West Virginia
PSD program consistent with the Federal PSD program. This action is
being taken under the Clean Air Act (CAA).
DATES: Effective Date. This final rule is effective on June 27, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2009-0876. All documents in the docket are listed in
the www.regulations.gov website.
Although listed in the electronic docket, some information is not
publicly available, i.e., 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 either electronically
through www.regulations.gov or in hard copy for public inspection
during normal business hours at the Air Protection Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. Copies of the State submittal are
available at the West Virginia Department of Environmental Protection,
Division of Air Quality, 601 57th Street, SE., Charleston, West
Virginia 25304.
FOR FURTHER INFORMATION CONTACT: Sharon McCauley, (215) 814-3376, or by
e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. On December 17, 2010 (75 FR 78949), EPA published a
notice of proposed rulemaking (NPR) for the State of West Virginia. The
NPR proposed approval of the inclusion of NOX as a precursor
to ozone for permits for construction and major modification of major
stationary sources of air pollution for PSD. This action will replace
the current SIP-approved version of 45CSR14, entitled, Permits for
Construction and Major Modification of Major Stationary Sources of Air
Pollution for the Prevention of Significant Deterioration. The formal
SIP revision was submitted by West Virginia on July 20, 2009.
II. Summary of SIP Revision
This SIP revision consists of replacing the current version of
45CSR14 approved by EPA on December 4, 2006 (71 FR 64470) with the
regulations which were made effective as a legislative rule in West
Virginia on June 1, 2009 and submitted to EPA on July 20, 2009. This
revision governs the permitting for the construction of new major
stationary sources and the significant modification of existing major
stationary sources of air pollutants in areas designated attainment or
non-classifiable for the National Ambient Air Quality Standards
(NAAQS).
This approval of West Virginia's SIP submission addresses changes
needed to ensure consistency with the CAA's part C PSD permit program.
This SIP submission also corrects deficiencies identified by EPA in the
March 27, 2008 Federal Register action entitled, ``Completeness
Findings for Section 110(a) State implementation Plans for the 8-hour
Ozone National Ambient Air Quality Standards (1997 Ozone NAAQS)'' (73
FR 16205). EPA's approval of this SIP submission addresses West
Virginia's compliance with the portion of CAA Section 110(a)(2)(C) &
(J) relating to the Part C permit program for the 1997 Ozone NAAQS,
because this action would approve regulating NOX as a
precursor to ozone in West Virginia's SIP in accordance with the
Federal Register action dated November 29, 2005 (70 FR 71612) that
finalized NOX as a precursor for ozone regulations set forth
at 40 CFR 51.166 and in 40 CFR 52.21.
Additionally, in the course of taking action upon the previously
approved NSR Reform SIP revision dated December 4, 2006 (71 FR 64470),
West Virginia had requested that EPA not act upon certain provisions of
45CSR14.19.8 pertaining to the recordkeeping and reporting requirements
for sources that elect to use the actual-to-projected actual emission
test and where there is a ``reasonable possibility'' that a project may
result in a significant net emissions increase. Based upon revisions to
45CSR14.19.8, EPA is now approving 45CSR14.19.8 in its entirety into
the West Virginia SIP with this action as regulatory corrections have
been made to the State's regulations.
The references to pollution control projects (PCPs) and clean units
(CUs) were deleted in the West Virginia
[[Page 30833]]
regulations in accordance with the Federal rulemaking action dated June
13, 2007 (72 FR 32526). These State references to PCPs and CUs are not
a part of the currently approved SIP and are, therefore, just being
corrected in West Virginia's regulations; as a result of correctly
deleting their references, West Virginia's regulations will be
consistent with the Federally enforceable provisions.
EPA has determined that the current amendments to West Virginia's
PSD permit program at 45CSR14, as submitted on July 20, 2009, meet the
minimum requirements of 40 CFR 51.166 and the Clean Air Act. This
action will approve these revisions to the West Virginia SIP.
III. Final Action
EPA is approving the West Virginia SIP revision submitted on July
20, 2009 which amends 45CSR14 as a revision to the West Virginia SIP.
EPA is also making a determination that West Virginia's SIP meets the
requirements of CAA Sections 110(a)(2)(C) and (J) relating to the part
C permit program for the 1997 Ozone NAAQS. EPA had solicited public
comments on these issues discussed in this document in the prior
proposed Federal Register action dated December 17, 2010 (75 FR 78949).
No adverse comments were received.
IV. 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 Act 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 Order
12866 (58 FR 51735, October 4, 1993);
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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 26, 2011. 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 to include NOX as a
precursor to ozone and the provisions for ``reasonable possibility'' in
West Virginia for permits for construction and major modification of
major stationary sources of air pollution for the prevention of
significant deterioration 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, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 9, 2011.
W.C. Early,
Acting Regional Administrator, EPA Region III.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart XX--West Virginia
0
2. In Sec. 52.2520, the table in paragraph (c) is amended by revising
the entries for [45 CSR] Series 14 to read as follows:
Sec. 52.2520 Identification of plan.
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(c) * * *
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EPA-Approved Regulations in the West Virginia SIP
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State Additional
State citation [Chapter 16-20 or Title/subject effective EPA approval date explanation/citation
45 CSR] date at 40 CFR 52.2565
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[45 CSR] Series 14 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution
for the Prevention of Significant Deterioration
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Section 45-14-1................. General.............. 6/01/09 5/27/11 [Insert page ....................
number where the
document begins].
Section 45-14-2................. Definitions.......... 6/01/09 5/27/11 [Insert page This action
number where the incorporates all of
document begins]. this Section into
SIP.
Section 45-14-3................. Applicability........ 6/01/09 5/27/11 [Insert page This action
number where the incorporates all of
document begins]. this Section into
SIP.
Section 45-14-4................. Ambient Air Quality 6/01/09 5/27/11 [Insert page ....................
Increments and number where the
Ceilings. document begins].
Section 45-14-5................. Area Classification.. 6/01/09 5/27/11 [Insert page ....................
number where the
document begins].
Section 45-14-6................. Prohibition of 6/01/09 5/27/11 [Insert page ....................
Dispersion number where the
Enhancement document begins].
Techniques.
Section 45-14-7................. Registration, Report 6/01/09 5/27/11 [Insert page ....................
and Permit number where the
Requirements for document begins].
Major Stationary
Sources and Major
Modifications.
Section 45-14-8................. Requirements Relating 6/01/09 5/27/11 [Insert page ....................
to Control number where the
Technology. document begins].
Section 45-14-9................. Requirements Relating 6/01/09 5/27/11 [Insert page ....................
to the Source's number where the
Impact on Air document begins].
Quality.
Section 45-14-10................ Modeling Requirements 6/01/09 5/27/11 [Insert page ....................
number where the
document begins].
Section 45-14-11................ Air Quality 6/01/09 5/27/11 [Insert page ....................
Monitoring number where the
Requirements. document begins].
Section 45-14-12................ Additional Impacts 6/01/09 5/27/11 [Insert page ....................
Analysis number where the
Requirements. document begins].
Section 45-14-13................ Additional 6/01/09 5/27/11 [Insert page ....................
Requirements and number where the
Variances for Source document begins].
Impacting Federal
Class 1 Areas.
Section 45-14-14................ Procedures for 6/01/08 5/27/11 [Insert page ....................
Sources Employing number where the
Innovative Control document begins].
Technology.
Section 45-14-15................ Exclusions From 6/01/09 5/27/11 [Insert page ....................
Increment number where the
Consumption. document begins].
Section 45-14-16................ Specific Exemptions.. 6/01/09 5/27/11 [Insert page ....................
number where the
document begins].
Section 45-14-17................ Public Review 6/01/09 5/27/11 [Insert page ....................
Procedures. number where the
document begins].
Section 45-14-18................ Public Meetings...... 6/01/09 5/27/11 [Insert page ....................
number where the
document begins].
Section 45-14-19................ Permit Transfer, 6/01/09 5/27/11 [Insert page This action
Cancellation and number where the incorporates all of
Responsibility. document begins]. this Section into
SIP, amended text
added for
clarification.
Section 45-14-20................ Disposition of 6/01/09 5/27/11 [Insert page ....................
Permits. number where the
document begins].
Section 45-14-21................ Conflict with Other 6/01/09 5/27/11 [Insert page ....................
Permitting Rules. number where the
document begins].
Section 45-14-25................ Actual PALs.......... 6/01/09 5/27/11 [Insert page ....................
number where the
document begins].
Section 45-14-26................ Inconsistency Between 6/01/09 5/27/11 [Insert page ....................
Rules. number where the
document begins].
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[FR Doc. 2011-13067 Filed 5-26-11; 8:45 am]
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