[Federal Register Volume 79, Number 139 (Monday, July 21, 2014)]
[Rules and Regulations]
[Pages 42211-42214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16409]



40 CFR Part 52

[EPA-R03-OAR-2013-0789; FRL-9913-42-Region 3]

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

AGENCY: Environmental Protection Agency (EPA).

[[Page 42212]]

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of West 
Virginia. The 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. EPA is approving these revisions to West Virginia's 
minor NSR Program in accordance with the requirements of the Clean Air 
Act (CAA).

DATES: This final rule is effective on August 20, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2013-0789. 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: Gerallyn Duke, (215) 814-2084, or by 
email at [email protected].


I. Background

    On February 14, 2014 (79 FR 8914), EPA published a notice of 
proposed rulemaking (NPR) for the State of West Virginia. In the NPR, 
EPA proposed approval of revisions to rule 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.'' The West Virginia 
legislature adopted these revisions to rule 45CSR13 in 2008 and West 
Virginia submitted the formal SIP revision on July 20, 2009.
    The purpose of this SIP revision is to shorten the time period by 
which permits for construction and operation may be issued for sources 
subject to minor NSR rules; to allow, in certain instances, 
construction prior to obtaining a permit; and to allow equipment and 
materials to be delivered and stored onsite prior to minor NSR permit 

II. Summary of SIP Revision

    The July 20, 2009 SIP revision will (a) reduce the time allotted 
for West Virginia Department of Environmental Protection (WVDEP) to 
process minor NSR permits from 180 days to 90 days after a permit 
application is deemed complete, (b) reduce the time for WVDEP to 
process temporary minor NSR permits from 60 days to 45 days after a 
complete application is received, and (c) reduce the time for WVDEP to 
process Class II general permits from 90 days to 45 days after a 
general permit registration application is deemed complete. The SIP 
revision also creates a mechanism for the following types of sources to 
commence construction prior to obtaining a permit, provided that 
operation does not commence until a permit is issued: New and modified 
stationary sources which are not major sources, major stationary 
sources proposing non-major modifications, and sources subject to 
general permits. 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 are 
ineligible for permission to commence construction in advance of permit 
issuance. Additionally, the SIP revision allows equipment and materials 
to be delivered and stored onsite prior to permit issuance and includes 
other minor clarifying changes to West Virginia's minor NSR rule.
    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.
    Other specific requirements of the regulations and the rationale 
for EPA's proposed action are explained in the NPR and will not be 
restated here. No public comments were received on the NPR.

III. Final Action

    EPA is approving 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 a revision to the West Virginia SIP.

IV. 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 

[[Page 42213]]

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. 

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 September 19, 2014. Filing a petition for 
reconsideration by the Administrator 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 
related to West Virginia's minor NSR Program may not be challenged 
later in proceedings to enforce its requirements. (See section 

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 17, 2014.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR Part 52 is amended as follows:


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

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

Subpart XX--West Virginia

2. In Sec.  52.2520, the table in paragraph (c) is amended by revising 
the table heading and the entries for ``[45 CSR] Series 13'' to read as 

Sec.  52.2520  Identification of plan.

* * * * *
    (c) * * *

                                EPA-Approved Regulations in the West Virginia SIP
 State citation  [Chapter 16-20    Title/subject     effective   EPA Approval date     Additional explanation/
           or 45 CSR]                                   date                         citation at 40 CFR 52.2565
                                                  * * * * * * *
[45 CSR] Series 13 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
Section 45-13-1................  General..........       6/1/09  7-21-14 [Insert
                                                                  Federal Register
Section 45-13-2................  Definitions......       6/1/09  7-21-14 [Insert
                                                                  Federal Register
Section 45-13-3................  Reporting               6/1/09  7-21-14 [Insert
                                  Requirements for                Federal Register
                                  Stationary                      citation].
Section 45-13-4................  Administrative          6/1/09  7-21-14 [Insert
                                  Updates to                      Federal Register
                                  Existing Permits                citation].
                                  and General
Section 45-13-5................  Permit                  6/1/09  7-21-14 [Insert
                                  Application and                 Federal Register
                                  Reporting                       citation].
                                  Requirements for
                                  Construction of
                                  Modifications to
Section 45-13-6................  Determination of        6/1/09  7-21-14 [Insert
                                  Compliance of                   Federal Register
                                  Stationary                      citation].
Section 45-13-7................  Modeling.........       6/1/09  7-21-14 [Insert
                                                                  Federal Register
Section 45-13-8................  Public Review           6/1/09  7-21-14 [Insert
                                  Procedures.                     Federal Register
Section 45-13-9................  Public Meetings..       6/1/09  7-21-14 [Insert
                                                                  Federal Register
Section 45-13-10...............  Permit Transfer,        6/1/09  7-21-14 [Insert
                                  Suspension,                     Federal Register
                                  Revocation and                  citation].
Section 45-13-11...............  Temporary               6/1/09  7-21-14 [Insert
                                  Construction or                 Federal Register
                                  Modification                    citation].

[[Page 42214]]

Section 45-13-12...............  Permit                  6/1/09  7-21-14 [Insert
                                  Application Fees.               Federal Register
Section 45-13-13...............  Inconsistency           6/1/09  7-21-14 [Insert
                                  Between Rules.                  Federal Register
Section 45-13-14...............  Statutory Air           6/1/09  7-21-14 [Insert    ............................
                                  Pollution.                      Federal Register
Section 45-13-15...............  Hazardous Air           6/1/09  7-21-14 [Insert
                                  Pollutants.                     Federal Register
Section 45-13-16...............  Application for         6/1/09  7-21-14 [Insert    New.
                                  Permission to                   Federal Register
                                  Commence                        citation].
                                  Construction in
                                  Advance of
                                  Permit Issuance.
TABLE 45-13A...................  Potential               6/1/09  7-21-14 [Insert
                                  Emission Rate.                  Federal Register
TABLE 45-13B...................  De Minimus              6/1/09  7-21-14 [Insert
                                  Sources.                        Federal Register
                                                  * * * * * * *

* * * * *
[FR Doc. 2014-16409 Filed 7-18-14; 8:45 am]