[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Proposed Rules]
[Pages 94281-94283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30882]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0373; FRL-9957-19-Region 3]


Air Plan Approval; WV; Infrastructure Requirements for the 2012 
Fine Particulate 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 submittal from the 
State of West Virginia pursuant to the Clean Air Act (CAA). Whenever 
new or revised

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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. West Virginia has made 
a submittal addressing the infrastructure requirements for the 2012 
fine particulate matter (PM2.5) NAAQS. This action proposes 
to approve portions of this submittal.

DATES:  Written comments must be received on or before January 23, 
2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0373 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed 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: Ellen Schmitt, (215) 814-5787, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On November 17, 2015, the State of West 
Virginia through the West Virginia Department of Environmental 
Protection (WVDEP) submitted a revision to its SIP to satisfy the 
requirements of section 110(a)(2) of the CAA for the 2012 
PM2.5 NAAQS.

I. Background

    On July 18, 1997, EPA promulgated a new 24-hour and a new annual 
NAAQS for PM2.5 (62 FR 38652). On October 17, 2006, EPA 
revised the standards for PM2.5, tightening the 24-hour 
PM2.5 standard from 65 micrograms per cubic meter ([micro]g/
m\3\) to 35 [micro]g/m\3\, and retaining the annual PM2.5 
standard at 15 [micro]g/m\3\ (71 FR 61144). Subsequently, on December 
14, 2012, EPA revised the level of the health based (primary) annual 
PM2.5 standard to 12 [micro]g/m\3\. See 78 FR 3086 (January 
15, 2013).\1\
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    \1\ In EPA's 2012 PM2.5 NAAQS revision, EPA left 
unchanged the existing welfare (secondary) standards for 
PM2.5 to address PM related effects such as visibility 
impairment, ecological effects, damage to materials and climate 
impacts. This includes an annual secondary standard of 15 [mu]g/m\3\ 
and a 24-hour standard of 35 [mu]g/m\3\.
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    Pursuant to section 110(a)(1) of the CAA, states are required to 
submit SIP submissions meeting 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 such as 
requirements for monitoring, basic program requirements, and legal 
authority that are designed to assure attainment and maintenance of the 
NAAQS. 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. In 
particular, the data and analytical tools available at the time the 
state develops and submits the SIP submission 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.
    More 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. As 
mentioned earlier, these requirements include basic SIP elements such 
as requirements for monitoring, basic program requirements, and legal 
authority that are designed to assure attainment and maintenance of the 
NAAQS.

II. Summary of State Submittal

    On November 17, 2015, West Virginia provided a submittal to satisfy 
section 110(a)(2) requirements of the CAA for the 2012 PM2.5 
NAAQS, which is the subject of this proposed rulemaking. This submittal 
addressed the following infrastructure elements or portions thereof, 
which EPA is proposing to approve: Section 110(a)(2)(A), (B), (C), 
(D)(i)(II) (prevention of significant deterioration), (D)(ii), (E), 
(F), (G), (H), (J), (K), (L), and (M) of the CAA. A detailed summary of 
EPA's review and rationale for approving West Virginia's submittal may 
be found in the Technical Support Document (TSD) for this rulemaking 
action which is available on line at www.regulations.gov, Docket ID 
Number EPA-R03-OAR-2016-0373. This rulemaking action does not include 
any proposed action on section 110(a)(2)(I) of the CAA which pertains 
to the nonattainment requirements of part D, title I of the CAA, 
because this element is not required to be submitted by the 3-year 
submission deadline of section 110(a)(1) of the CAA, and will be 
addressed in a separate process.
    At this time, EPA is not proposing action on section 
110(a)(2)(D)(i)(I) regarding the interstate transport of emissions, nor 
is the Agency proposing action on section 110(a)(2)(D)(i)(II) relating 
to visibility protection. EPA intends to take later separate action on 
these portions of West Virginia's submittal.

III. Proposed Action

    EPA is proposing to approve the following elements or portions 
thereof of West Virginia's November 17, 2015 SIP revision: Section 
110(a)(2)(A), (B), (C), (D)(i)(II) (prevention of significant 
deterioration), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) of 
the CAA. West Virginia's SIP revision provides the basic program 
elements specified in section 110(a)(2) of the CAA necessary to 
implement, maintain, and enforce the 2012 PM2.5 NAAQS. This 
proposed rulemaking action does not include action on section 
110(a)(2)(I) which pertains to the nonattainment planning requirements 
of part D, title I of the CAA, because this element is not required to 
be submitted by the 3-year submission deadline of section 110(a)(1) of 
the CAA, and will be addressed in a separate process.
    EPA will take later separate action on section (D)(i)(I) 
(interstate transport of emissions) and on section (D)(i)(II) 
(visibility protection) for the 2012 PM2.5 NAAQS. 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

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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 proposes to approve 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 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, pertaining to West Virginia's 
section 110(a)(2) infrastructure requirements for the 2012 
PM2.5 NAAQS, 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, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements.

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

    Dated: December 1, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2016-30882 Filed 12-22-16; 8:45 am]
 BILLING CODE 6560-50-P