[Federal Register Volume 78, Number 143 (Thursday, July 25, 2013)]
[Rules and Regulations]
[Pages 44884-44886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17836]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WV104-6042; FRL-9828-8]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Update to Materials Incorporated by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; administrative change.

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SUMMARY: EPA is updating the materials that are incorporated by 
reference (IBR) into the West Virginia State Implementation Plan (SIP). 
The regulations affected by this update have been previously submitted 
by the West Virginia Department of Environmental Protection (WV DEP) 
and approved by EPA. This update affects the SIP materials that are 
available for public inspection at the National Archives and Records 
Administration (NARA), the Air and Radiation Docket and Information 
Center located at EPA Headquarters in Washington, DC, and the EPA 
Regional Office.

DATES: This action is effective July 25, 2013.

ADDRESSES: SIP materials which are incorporated by reference into 40 
CFR part 52 are available for inspection at the following locations: 
Air Protection Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; the Air and 
Radiation Docket and Information Center, U.S. Environmental Protection 
Agency, 1301 Constitution Avenue NW., Room Number 3334, EPA West 
Building, Washington, DC 20460; or the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Sharon McCauley, (215) 814-3376 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The SIP is a living document which a state revises as necessary to 
address its unique air pollution problems. Therefore, EPA, from time to 
time, must take action on SIP revisions containing new and/or revised 
regulations as being part of the SIP. On May 22, 1997 (62 FR 27968), 
EPA revised the procedures for incorporating by reference Federally-
approved SIPs, as a result of consultations between EPA and the Office 
of the Federal Register (OFR). The description of the revised SIP 
document, IBR procedures and ``Identification of plan'' format are 
discussed in further detail in the May 22, 1997 Federal Register 
document. On February 10, 2005 (70 FR 7024), EPA published a Federal 
Register beginning the new IBR procedure for West Virginia. On February 
28, 2007 (72 FR 8903) February 10, 2009 (74 FR 6542), and December 28, 
2010 (75 FR 81474), EPA published updates to the IBR material for West 
Virginia.
    Since the publication of the last IBR update, EPA has approved into 
the SIP the following regulatory changes to the following West Virginia 
regulations:

[[Page 44885]]

A. Added Regulations

    1. 45 CSR 35 (Requirements for Determining Conformity of General 
Federal Actions to Applicable Air Quality Implementation Plans (General 
Conformity)), 45 CSR 35-5 (Inconsistency Between Rules).

B. Revised Regulations

    1. 45 CSR 8 (Ambient Air Quality Standards), sections 45-8-1 
through 45-8-4.
    2. 45 CSR 14 (Permits for Construction and Major Modification of 
Major Stationary Sources of Air Pollution for the Prevention of 
Significant Deterioration), sections 45-14-1 through 45-14-26.
    3. 45 CSR 35 (Requirements for Determining Conformity of General 
Federal Actions to Applicable Air Quality Implementation Plans (General 
Conformity)), sections 45-35-1 through 45-35-4.

C. Removed Regulations

    1. 45 CSR 8, sections 45-8-5 through 45-8-7.

II. EPA Action

    In this action, EPA is announcing the update to the IBR material as 
of April 1, 2013. EPA is also correcting the entries in the ``State 
Citation'' column for Regulation 45 CSR 8 (Ambient Air Quality 
Standards) to read ``Section 45-8-1,'' ``Section 45-8-2,'' ``Section 
45-8-3,'' and ``Section 45-8-4.''
    EPA has determined that today's rule falls under the ``good cause'' 
exemption in section 553(b)(3)(B) of the Administrative Procedures Act 
(APA) which, upon finding ``good cause,'' authorizes agencies to 
dispense with public participation and section 553(d)(3) which allows 
an agency to make a rule effective immediately (thereby avoiding the 
30-day delayed effective date otherwise provided for in the APA). 
Today's rule simply codifies provisions which are already in effect as 
a matter of law in Federal and approved State programs. Under section 
553 of the APA, an agency may find good cause where procedures are 
``impractical, unnecessary, or contrary to the public interest.'' 
Public comment is ``unnecessary'' and ``contrary to the public 
interest'' since the codification only reflects existing law. Immediate 
notice in the CFR benefits the public by removing outdated citations 
and incorrect table entries.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act (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 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 rule 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. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    EPA has also determined that the provisions of section 307(b)(1) of 
the CAA pertaining to petitions for judicial review are not applicable 
to this action. Prior EPA rulemaking actions for each individual 
component of the West Virginia SIP compilations had previously afforded 
interested parties the opportunity to file a petition for judicial 
review in the United States Court of Appeals for the appropriate 
circuit within 60 days of such rulemaking action. Thus, EPA sees no 
need in this action to reopen the 60-day period for filing such 
petitions for judicial review for this ``Identification of plan'' 
update action for West Virginia.

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: June 5, 2013.
W.C. Early,
 Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority for citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart XX--West Virginia

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2. Section 52.2520 is amended by:
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a. Revising paragraph (b);

[[Page 44886]]

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b. Revising the heading of paragraph (c); and
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c. In paragraph (c) revising each entry under 45 CSR 8 (Ambient Air 
Quality Standards).
    The revised text read as follows:


Sec.  52.2520  Identification of plan.

* * * * *
    (b) Incorporation by reference.
    (1) Material listed as incorporated by reference in paragraphs (c) 
and (d) of this section with an EPA approved date of April 1, 2013 was 
approved for incorporation by reference by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The 
material incorporated is as it exists on the date of the approval, and 
notice of any change in the material will be published in the Federal 
Register. Entries in paragraphs (c) and (d) of this section with EPA 
approval dates on or after April 1, 2013 will be incorporated by 
reference in the next update to the SIP compilation.
    (2)(i) EPA Region III certifies that the rules and regulations 
provided by EPA at the addresses in paragraph (b)(3) of this section 
are an exact duplicate of the officially promulgated State rules and 
regulations which have been approved as part of the State 
implementation plan as of April 1, 2013.
    (ii) EPA Region III certifies that the following source-specific 
requirements provided by EPA at the addresses in paragraph (b)(3) of 
this section are an exact duplicate of the officially promulgated State 
source-specific requirements which have been approved as part of the 
State implementation plan as of November 1, 2010. No additional 
revisions were made between November 1, 2010 and April 1, 2013.
    (3) Copies of the materials incorporated by reference may be 
inspected at the EPA Region III Office at 1650 Arch Street, 
Philadelphia, PA 19103. For further information, call (215) 814-2108; 
the EPA, Air and Radiation Docket and Information Center, Room Number 
3334, EPA West Building, 1301 Constitution Avenue NW., Washington, DC 
20460. For further information, call (202) 566-1742; or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (c) EPA-Approved Regulations and Statutes.

                                EPA-Approved Regulations in the West Virginia SIP
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                                                                                                 Additional
State citation [Chapter 16-      Title/subject           State        EPA approval date    explanation/ citation
       20 or 45 CSR]                                effective date                           at 40 CFR 52.2565
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                                 [45 CSR] Series 8 Ambient Air Quality Standards
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Section 45-8-1.............  General..............          6/1/12  10/29/12, 77 FR 65493  Filing and effective
                                                                                            dates are revised.
Section 45-8-2.............  Definitions..........          6/1/12  10/29/12, 77 FR 65493
Section 45-8-3.............  Adoption of Standards          6/1/12  10/29/12, 77 FR 65493  Effective date is
                                                                                            revised.
Section 45-8-4.............  Inconsistency Between          6/1/12  10/29/12, 77 FR 65493
                              Rules.
 
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[FR Doc. 2013-17836 Filed 7-24-13; 8:45 am]
BILLING CODE 6560-50-P