[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Proposed Rules]
[Pages 38112-38114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16602]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2016-0373; FRL-9981-68--Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Interstate Transport Requirements for the 2012 Fine
Particulate Matter Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
state of West Virginia. This revision pertains to the infrastructure
requirement for interstate transport of pollution with respect to the
2012 fine particulate matter (PM2.5) national ambient air
quality standards (NAAQS). EPA is approving this revision in accordance
with the requirements of the Clean Air Act (CAA).
DATES: Written comments must be received on or before September 4,
2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0373 at http://www.regulations.gov, or via email to
spielberger.susan@epa.gov. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed
[[Page 38113]]
from Regulations.gov. For either manner of submission, EPA may publish
any comment received to its public docket. Do not submit electronically
any information you consider to be confidential business information
(CBI) or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Joseph Schulingkamp, (215) 814-2021,
or by email at schulingkamp.joseph@epa.gov.
SUPPLEMENTARY INFORMATION: On November 12, 2015, the State of West
Virginia, through the West Virginia Department of Environmental
Protection (WVDEP) submitted a SIP revision addressing all required
infrastructure elements under section 110(a) of the CAA for the 2012
PM2.5 NAAQS. On May 12, 2017, EPA approved all portions of
West Virginia's November 12, 2015 submittal except the portions of the
submittal which address section 110(a)(2)(D)(i)(I) (prongs 1 and 2) and
110(a)(2)(D)(i)(II) (prong 4). See 82 FR 22076. As explained in the
final rule, EPA intended to take separate action on these portions of
West Virginia's submittal. At this time, EPA is only taking action on
110(a)(2)(D)(i)(I) (prongs 1 and 2) and is not taking action on
110(a)(2)(D)(i)(II) (prong 4); EPA is proposing separate action on
prong 4. See 83 FR 27734 (June 14, 2018).
I. Background
A. General
Particle pollution is a complex mixture of extremely small
particles and liquid droplets in the air. When inhaled, these particles
can reach the deepest regions of the lungs. Exposure to particle
pollution is linked to a variety of significant health problems.
Particle pollution also is the main cause of visibility impairment in
the nation's cities and national parks. PM2.5 can be emitted
directly into the atmosphere, or it can form from chemical reactions of
precursor gases including sulfur dioxide (SO2), nitrogen
dioxide (NO2), certain volatile organic compounds (VOC), and
ammonia. On January 15, 2013, EPA revised the level of the health based
(primary) annual PM2.5 standard to 12 micrograms per meter
cubed ([micro]g/m\3\). See 78 FR 3086.
B. EPA's Infrastructure Requirements
Pursuant to section 110(a)(1) of the CAA, states are required to
submit a SIP revision to address 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) requires states to address basic SIP elements to assure
attainment and maintenance of the NAAQS--such as requirements for
monitoring, basic program requirements, and legal authority. 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 of each NAAQS and what
is in each state's existing SIP. In particular, the data and analytical
tools available at the time the state develops and submits the SIP
revision for a new or revised NAAQS affect the content of the
submission. The content of such SIP submission may also vary depending
upon what provisions the state's existing SIP already contains.
Specifically, section 110(a)(1) provides the procedural and timing
requirements for SIP submissions. Section 110(a)(2) lists specific
elements that states must meet for infrastructure SIP requirements
related to a newly established or revised NAAQS such as requirements
for monitoring, basic program requirements, and legal authority that
are designed to assure attainment and maintenance of the NAAQS.
C. Interstate Pollution Transport Requirements
Section 110(a)(2)(D)(i)(I) of the CAA requires a state's SIP to
address any emissions activity in one state that contributes
significantly to nonattainment, or interferes with maintenance, of the
NAAQS in any downwind state. The EPA sometimes refers to these
requirements as prong 1 (significant contribution to nonattainment) and
prong 2 (interference with maintenance), or jointly as the ``good
neighbor'' provision of the CAA. On March 17, 2016, EPA issued a
memorandum providing information on the development and review of SIPs
that address CAA section 110(a)(2)(D)(i) for the 2012 PM2.5
NAAQS (2016 PM2.5 Memorandum).\1\ Further information can be
found in the Technical Support Document (TSD) for this rulemaking
action, which is available online at www.regulations.gov, Docket number
EPA-R03-OAR-2017-0337.
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\1\ ``Information on the Interstate Transport ``Good Neighbor''
Provision for the 2012 Fine Particulate Matter National Ambient Air
Quality Standards under Clean Air Act Section 110(a)(2)(D)(i)(I),''
Memorandum from Stephen D. Page, Director, EPA Office of Air Quality
Planning and Standards (March 17, 2016). A copy is included in the
docket for this rulemaking action.
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II. Summary of SIP Revision and EPA Analysis
West Virginia's November 12, 2015 SIP submittal alleged that the
current West Virginia SIP contains adequate measures to ensure that the
state is not causing significant contribution to nonattainment in, nor
interfering with the maintenance of, any other state with respect to
the 2012 PM2.5 NAAQS. West Virginia refers to the measures
detailed in the section pertaining to section 110(a)(2)(A), which
included numerous SIP-approved measures and other federally enforceable
measures, pursuant to permitting requirements under the CAA, that apply
to sources of PM2.5 and its precursors within West Virginia.
A detailed summary of West Virginia's submittal and EPA's review and
rationale for approval of this SIP revision as meeting CAA section
110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS may be found in
the TSD for this rulemaking action, which is available online at
www.regulations.gov, Docket number EPA-R03-OAR-2016-0373.
EPA used the information in the 2016 PM2.5 Memorandum
and additional information for the evaluation and came to the same
conclusion as West Virginia. As discussed in greater detail in the TSD,
EPA identified the potential downwind nonattainment and maintenance
receptors identified in the 2016 PM2.5 Memorandum, and then
evaluated them to determine if West Virginia's emissions could
potentially contribute to nonattainment and maintenance problems in
2021, the attainment year for moderate PM2.5 nonattainment
areas. Specifically, the analysis identified the following areas as
potential nonattainment and maintenance receptors: (i) 17 potential
receptors in California; (ii) one potential receptor in Shoshone
County, Idaho; (iii) one potential receptor in Allegheny County,
Pennsylvania; (iv) data gaps exist for the monitors in four counties
[[Page 38114]]
in Florida; and (v) data gaps exist for all monitors in Illinois. For
the 17 receptors in California and one potential receptor in Idaho,
based on EPA's evaluation of distance and wind direction, EPA proposes
to conclude that West Virginia's emissions do not significantly impact
those receptors. For the potential receptor in Allegheny County, EPA
expects the air quality affecting that monitor to improve to the point
where the monitor will not be a nonattainment or maintenance receptor
by 2021 and is therefore unlikely to be a receptor for purposes of
interstate transport. For the four counties in Florida and the monitors
in Illinois with data gaps, EPA initially treats those receptors as
potential nonattainment or maintenance receptors, but it is unlikely
that they will be nonattainment or maintenance receptors in 2021
because the most recent air quality data (from 2015-2017 for Florida
and from 2015-2016 for Illinois) indicates that all monitors are likely
attaining the PM2.5 NAAQS and are therefore unlikely to be
nonattainment or maintenance concerns in 2021. Therefore, EPA proposes
to conclude that West Virginia emissions will not contribute to those
monitors. For these reasons, EPA is proposing to find that West
Virginia's existing SIP provisions as identified in the November 12,
2015 SIP submittal are adequate to prevent its emission sources from
significantly contributing to nonattainment or interfering with
maintenance in another state with respect to the 2012 PM2.5
NAAQS.
III. Proposed Action
EPA is proposing to approve the November 12, 2015 West Virginia SIP
revision addressing the interstate transport requirements for the 2012
PM2.5 NAAQS because the submittal adequately addresses
section 110(a)(2)(D)(i)(I) of the CAA. EPA is soliciting public
comments on the issues discussed in this document. These comments will
be considered before taking final action.
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 approves 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (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).
The SIP, addressing West Virginia's interstate transport
obligations with respect to the 2012 PM2.5 NAAQS, is not
approved to apply on any Indian reservation land as defined in 18
U.S.C. 1151 or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 12, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018-16602 Filed 8-2-18; 8:45 am]
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