[Federal Register Volume 78, Number 212 (Friday, November 1, 2013)]
[Proposed Rules]
[Pages 65593-65594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26212]
[[Page 65593]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2013-0675; FRL-9902-38--Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Infrastructure Requirements for the 2010 Nitrogen
Dioxide National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
submittal from the State of West Virginia pursuant to the Clean Air Act
(CAA). Whenever new or revised national ambient air quality standards
(NAAQS) are promulgated, the CAA requires states to submit a plan for
the implementation, maintenance, and enforcement of such NAAQS. The
plan is required to address basic program elements, including, but not
limited to, regulatory structure, monitoring, modeling, legal
authority, and adequate resources necessary to assure attainment and
maintenance of the standards. These elements are referred to as
infrastructure requirements. West Virginia has made a submittal
addressing the infrastructure requirements for the 2010 nitrogen
dioxide (NO2) NAAQS.
DATES: Written comments must be received on or before December 2, 2013.
ADDRESSES: Submit your comments, identified by Docket ID EPA-R03-OAR-
2013-0675 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: [email protected].
C. Mail: EPA-R03-OAR-2013-0675, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Air Protection Division,
Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2013-0675. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 in www.regulations.gov or
in hard copy 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: Ellen Schmitt, (215) 814-5787, or by
email at [email protected].
SUPPLEMENTARY INFORMATION: On December 13, 2012, the State of West
Virginia through the West Virginia Department of Environmental
Protection (WVDEP) submitted a revision to its SIP to satisfy the
requirements of section 110(a)(2) of the CAA for the 2010
NO2 NAAQS.
I. Background
In 1971, EPA promulgated a NO2 primary and secondary
standard of 53 parts per billion (ppb), averaged annually. On January
22, 2010, EPA established an additional primary standard for
NO2 at 100 ppb, averaged over one hour. Pursuant to section
110(a)(1) of the CAA, states are required to submit SIPs meeting the
applicable requirements of section 110(a)(2) within three years after
promulgation of a new or revised NAAQS or within such shorter period as
EPA may prescribe. Section 110(a)(2) lists specific elements that
states must meet for ``infrastructure'' SIP requirements related to a
newly established or revised NAAQS. These requirements include basic
SIP elements such as requirements for monitoring, basic program
requirements and legal authority that are designed to assure attainment
and maintenance of the NAAQS.
Section 110(a) imposes the obligation upon states to make a SIP
submission to EPA for a new or revised NAAQS, but the contents of that
submission may vary depending upon the facts and circumstances. In
particular, the data and analytical tools available at the time the
state develops and submits the SIP for a new or revised NAAQS affect
the content of the submission. The content of such SIP submissions may
also vary depending upon what provisions the state's existing SIP
already contains.
II. Summary of SIP Revision
On December 13, 2012, the WVDEP provided a submittal to satisfy the
requirements of section 110(a)(2) of the CAA for the 2010
NO2 NAAQS. This submittal addressed the following
infrastructure elements or portions thereof, which EPA is proposing to
approve: Sections 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J),
(K), (L), and (M). A detailed summary of EPA's review and rationale for
approving West Virginia's submittal may be found in the Technical
Support Document (TSD) for this proposed rulemaking action, which is
available online at www.regulations.gov, Docket number EPA-R03-OAR-
2013-0675.
III. Proposed Action
EPA is proposing to approve the following elements or portions
thereof, of West Virginia's December 13, 2012 SIP revision: (A), (B),
(C), (D), (E), (F), (G), (H), (J), (K), (L), and (M). West Virginia's
SIP revision provides the basic program elements specified in section
110(a)(2) necessary to implement, maintain, and enforce the 2010
NO2 NAAQS. This action does not
[[Page 65594]]
include any proposed action on section 110(a)(2)(I) of the CAA which
pertains to the nonattainment requirements of part D, Title I of the
CAA, because this element is not required to be submitted by the 3-year
submission deadline of section 110(a)(1), and will be addressed in a
separate process, if applicable. This action also does not include
proposed action on section 110(a)(2)(C), (D)(i)(II), and (J) of the CAA
as they relate to West Virginia's required permit program for the
prevention of significant deterioration (PSD), as required by part C of
Title I of the CAA. EPA will take separate action on these elements.\1\
Additionally, EPA will take later separate action on CAA section
110(a)(2)(E)(ii) for the 2010 NO2 NAAQS as it relates to CAA
section 128, ``State Boards.'' EPA is soliciting public comments on the
issues discussed in this document. These comments will be considered
before taking final action.
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\1\ EPA previously approved West Virginia's PSD permit program
with the limited exception of West Virginia's definition of
``regulated new source review (NSR) pollutant'' which received a
narrow disapproval as the definition did not include condensable
emissions of particulate matter. See (77 FR 63736, October 17, 2012)
and (78 FR 27062, May 9, 2013). Because the grounds for disapproval
were narrow and extended only to the lack of condensables within the
definition of ``regulated NSR pollutant,'' the narrow disapproval
does not alter EPA's October 17, 2012 approval of the remaining
portions of West Virginia's August 2011 SIP submittal for the
State's PSD program. EPA anticipates that West Virginia will make a
submission rectifying the deficiency regarding condensables.
Further, EPA anticipates acting on West Virginia's submission on
this definition within the two year time frame prior to EPA's
Federal implementation plan obligation on this very narrow issue.
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IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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 proposed rule, which addresses West Virginia's
infrastructure requirements in section 110(a)(2) of the CAA for the
2010 NO2 NAAQS or portions thereof, does not have tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is not approved to apply in Indian
country located in the state, and EPA notes that it will not impose
substantial direct costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Recordkeeping and reporting.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 26, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2013-26212 Filed 10-31-13; 8:45 am]
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