[Federal Register Volume 79, Number 14 (Wednesday, January 22, 2014)]
[Rules and Regulations]
[Pages 3504-3506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01069]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0675; FRL-9905-62-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Section 110(a)(2) Infrastructure Requirements for the 
2010 Nitrogen Dioxide National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by 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. The State of West 
Virginia has made a submittal addressing the infrastructure 
requirements for the 2010 nitrogen dioxide NAAQS.

DATES: This final rule is effective on February 21, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2013-0675. All documents in the docket are listed in 
the www.regulations.gov Web site. 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: Ellen Schmitt, (215) 814-5787, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Summary of SIP Revision

    On November 1, 2013 (78 FR 65593), EPA published a notice of 
proposed rulemaking (NPR) for the State of West Virginia proposing 
approval of West Virginia's December 13, 2012 submittal to satisfy 
several requirements of section 110(a)(2) of the CAA for the 2010 
nitrogen dioxide NAAQS. The NPR proposed approval of the following 
infrastructure elements: CAA section 110(a)(2)(A), (B), (C), (D), (E), 
(F), (G), (H), (J), (K), (L), and (M), or portions thereof. EPA is 
taking separate action on the portions of section 110(a)(2)(C), 
(D)(i)(II), and (J) as they relate to West Virginia's prevention of 
significant deterioration (PSD) program and on section 110(a)(2)(E)(ii) 
as it relates to section 128 (State Boards). West Virginia did not 
submit section 110(a)(2)(I) which pertains to the nonattainment 
requirements of part D, Title I of the CAA, since 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.
    The rationale supporting EPA's proposed rulemaking action, 
including the scope of infrastructure SIPs in general, is explained in 
the NPR and the technical support document (TSD) accompanying the NPR 
and will not be restated here. The TSD is available online at 
www.regulations.gov, Docket ID Number EPA-R03-OAR-2013-0675. No public 
comments were received on the NPR.

II. Final Action

    EPA is approving West Virginia's SIP revision regarding the 
infrastructure

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program elements specified in CAA section 110(a)(2)(A), (B), (C), (D), 
(E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof, 
necessary to implement, maintain, and enforce the 2010 nitrogen dioxide 
NAAQS. EPA is taking separate rulemaking action on the portions of 
section 110(a)(2)(C), (D)(i)(II), and (J) as they relate to West 
Virginia's PSD program and section 110(a)(2)(E)(ii) as it relates to 
section 128 (State Boards). This rulemaking action does not include 
section 110(a)(2)(I) of the CAA which pertains to the nonattainment 
requirements of part D, Title I of the CAA, since 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.

III. 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 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 24, 2014. 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, which approves the CAA section 110(a)(2) 
infrastructure requirements of West Virginia for the 2010 nitrogen 
dioxide NAAQS, 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, Incorporation by 
reference, Reporting and recordkeeping requirements, nitrogen dioxide.

    Dated: December 23, 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 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 (e) is amended by adding an 
entry at the end of the table for Section 110(a)(2) Infrastructure 
Requirements for the 2010 nitrogen dioxide NAAQS. The amendments read 
as follows:


Sec.  52.2520   Identification of plan.

* * * * *
    (e) * * *

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                                                          State
   Name of non-regulatory SIP          Applicable       submittal    EPA approval date    Additional explanation
            revision                geographic area        date
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                                                  * * * * * * *
Section 110(a)(2) Infrastructure  Statewide..........     12/13/12  1/22/14 [Insert      This action addresses
 Requirements for the 2010                                           Federal Register     the following CAA
 nitrogen dioxide NAAQS.                                             page number where    elements:
                                                                     the document         110(a)(2)(A), (B),
                                                                     begins and date].    (C), (D), (E), (F),
                                                                                          (G), (H), (J), (K),
                                                                                          (L), and (M), or
                                                                                          portions thereof.
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[FR Doc. 2014-01069 Filed 1-21-14; 8:45 am]
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