[Federal Register Volume 79, Number 31 (Friday, February 14, 2014)]
[Proposed Rules]
[Pages 8914-8916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03289]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0789; FRL-9906-68-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Minor New Source Review

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 on July 
20, 2009 by the State of West Virginia. The proposed revision will 
expedite the processing of certain preconstruction permits issued under 
West Virginia's minor New Source Review (NSR) Program. Notably, the 
revision will allow, in certain circumstances, construction prior to 
obtaining a permit, and will allow equipment and materials to be 
delivered and stored onsite prior to permit issuance. This action is 
being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before March 17, 2014.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2013-0789 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-2013-0789, Kathleen Cox, Associate Director, 
Office of Permits and Air Toxics, Mailcode 3AP10, 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-
2013-0789. 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

[[Page 8915]]

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: Gerallyn Duke, (215) 814-2084, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 110(a)(2)(C) of the CAA requires SIPs to have a 
preconstruction permit program for both major and minor sources. More 
specifically, SIPs must have the permit programs required under subpart 
C of title I and must have minor preconstruction programs that assure 
that the national ambient air quality standards are maintained. Under 
the minor source permitting rules at 45CSR13, West Virginia implements 
minor preconstruction program requirements by issuing permits to: (1) 
Construct and operate new stationary sources which are not major 
sources, (2) modify non-major stationary sources, (3) make non-major 
modifications to existing major stationary sources, and (4) relocate 
non-major stationary sources. These rules also establish requirements 
for obtaining a temporary permit and Class I and Class II general 
permit registration.
    In 2008, the West Virginia Legislature amended the West Virginia 
Air Pollution Control Act, W.Va. Code Sec.  22-5-1, et. seq., to reduce 
the timelines for minor source air permit issuance, add a 15-day pre-
approval review for permission to commence construction or modification 
prior to receiving a minor NSR permit or general permit registration, 
and allow equipment and materials to be delivered and stored onsite 
prior to permit issuance. The West Virginia Department of Environmental 
Protection (WVDEP) revised 45CSR13: ``Permits for Construction, 
Modification, Relocation and Operation of Stationary Sources of Air 
Pollutants, Notification Requirements, Administrative Updates, 
Temporary Permits, General Permits, Permission to Commence 
Construction, and Procedures for Evaluation,'' to incorporate those 
changes required by passage of the above amendments to the West 
Virginia Air Pollution Control Act. The proposed SIP revision consists 
of these revisions to 45CSR13. The revision submitted by WVDEP for 
approval into the SIP was adopted by the State Air Pollution Control 
Board on April 30, 2009 and became effective on June 1, 2009.

II. Summary of SIP Revision

    The July 20, 2009 SIP revision will reduce the time allotted for 
WVDEP to process certain permits. Specifically, the time is reduced 
from 180 days to 90 days after a permit application is deemed complete 
for minor NSR permits, from 60 days to 45 days after a complete 
application is received for temporary minor NSR permits, and from 90 
days to 45 days after a general permit registration application is 
deemed complete for Class II general permits. Class II general permits 
are issued for sources that are considered to be more significant than 
sources for which Class I general permits are issued and, unlike Class 
I general permits, must undergo a 30-day public notice period.
    The SIP revision also creates a mechanism for new and modified 
stationary sources which are not major sources and for major stationary 
sources proposing non-major modifications to commence construction 
prior to obtaining a permit, provided that operation does not commence 
until a permit is issued. The following are ineligible for permission 
to commence construction in advance of permit issuance: Sources of 
hazardous air pollutants subject to CAA subsections 112(g) or 112(j), 
sources seeking ``synthetic minor'' permits to avoid otherwise 
applicable standards, and sources requiring specific case-by-case 
emission limits under 45CSR21 or 45CSR27. The process to allow 
commencement of construction in advance of permit issuance also applies 
to general permits.
    Another notable change in the minor NSR rule is to allow equipment 
and materials to be delivered and stored onsite prior to permit 
issuance. Finally, other minor clarifying changes to West Virginia's 
minor NSR rule are included.
    If WVDEP determines that any proposed construction, modification, 
registration or relocation interferes with attainment or maintenance of 
an applicable ambient air quality standard, causes or contributes to a 
violation of an applicable air quality increment, or is inconsistent 
with the intent and purpose of 45CSR13, WVDEP shall issue an order 
denying the proposed activity. No permission to commence construction 
in advance of permit issuance is allowed if WVDEP deems it is 
inconsistent with any Federal requirement, Federal delegation, 
Federally approved requirement in any SIP, or Federally approved 
requirement under the title V permitting program.
    The version of 45CSR13 submitted by WVDEP for approval into the SIP 
includes revisions to the following sections: section 45-13-1 
(``General''), section 45-13-4 (``Administrative Updates to Existing 
Permits and General Permit Registrations''), section 45-13-5 (``Permit 
Application and Reporting Requirements for Construction of and 
Modifications to Stationary Sources''), section 45-13-8 (``Public 
Review Procedures''), and section 45-13-10 (``Permit Transfer, 
Suspension, Revocation and Responsibility''). Section 45-13-16 
(``Application for Permission to Commence Construction in Advance of 
Permit Issuance'') is added.

III. Proposed Action

    EPA is proposing approval of West Virginia's SIP submission dated 
July 20, 2009, which consists of a new version of 45CSR13 that revises 
West Virginia's minor NSR Program as follows: (1) Revising provisions 
to reduce the timelines for issuance of minor NSR permits, temporary 
permits, and Class II general permits; (2) adding provisions to allow 
advance preconstruction and to expedite processing of eligible minor 
NSR permits and general permits; (3) adding provisions to allow 
equipment and materials to be delivered and stored onsite prior to 
minor NSR permit issuance; and (4) making minor administrative 
amendments and clarifications.
    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 Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions

[[Page 8916]]

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 related to West Virginia's minor 
NSR Program 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: January 28, 2014.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2014-03289 Filed 2-13-14; 8:45 am]
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