[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]
[Rules and Regulations]
[Pages 11887-11889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05404]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0555; FRL-9975-64-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Removal of Source-Specific Requirements for Permanently 
Shutdown Facilities

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. This revision pertains to the removal of source-specific SIP 
requirements for the following five facilities in West Virginia that 
have permanently shutdown: Mountaineer Carbon Company; Standard 
Lafarge; Follansbee Steel Corporation; International Mill Service, 
Inc.; and Columbian Chemicals Company. These sources have permanently 
ceased operation; therefore, SIP requirements for these sources are 
obsolete and no longer necessary for attaining and maintaining the 
national ambient air quality standards (NAAQS). EPA is approving this 
revision in accordance with the requirements of the Clean Air Act 
(CAA).

DATES: This final rule is effective on April 18, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2017-0555. All documents in the docket are listed on 
the http://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., 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 through 
http://www.regulations.gov, or please contact the person identified in 
the ``For Further Information Contact'' section for additional 
availability information.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The West Virginia SIP at 40 Code of Federal Regulations (CFR) part 
52, subpart XX, section 52.2520(d) contains source-specific 
requirements, which were incorporated into the West Virginia SIP over 
the course of many years to allow the State to demonstrate attainment 
with various NAAQS. Subsequently, several of these sources have 
permanently ceased operation rendering source-specific requirements for 
these facilities obsolete.
    SIP revisions pertaining to the removal of obsolete SIP 
requirements for sources that have permanently shutdown are considered 
administrative, non-substantive changes. If a source has permanently 
shutdown, the emissions are permanently reduced to zero, so removing 
source-specific SIP requirements for that source will not interfere 
with attainment and maintenance of any NAAQS, reasonable further 
progress or any other applicable CAA requirement. See CAA section 
110(l).

II. Summary of SIP Revision and EPA Analysis

    On August 25, 2017, West Virginia submitted a SIP revision 
requesting that the consent orders for the sources listed in Table 1 be 
removed from the West Virginia SIP located at 40 CFR part 52, subpart 
XX, section 52.2520(d). On December 5, 2017, EPA published a notice of 
proposed rulemaking (NPR) proposing to approve West Virginia's August 
25, 2017 (82 FR 57418) SIP revision.

              Table 1--Source-Specific Requirements Proposed for Removal From the West Virginia SIP
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                                                                   State      EPA approval date/Federal Register
             Source name                       Order          effective date             (FR) citation
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Mountaineer Carbon Company..........  Consent Order.........          7/2/82  9/1/82, 47 FR 38532.
Standard Lafarge....................  Consent Order CO-SIP-         11/14/91  7/25/94, 59 FR 37696.
                                       91-30.
Follansbee Steel Corporation........  Consent Order CO-SIP-         11/14/91  7/25/94, 59 FR 37696.
                                       91-31.
International Mill Service, Inc.....  Consent Order CO-SIP-         11/14/91  7/25/94, 59 FR 37696.
                                       91-33.
Columbian Chemicals Company.........  Consent Order CO-SIP-          1/31/00  8/2/00, 65 FR 47339
                                       2000-3.
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III. Public Comments and EPA's Responses

    EPA received six public comments on the NPR to approve West 
Virginia's SIP revision.
    Comment 1: The commenter expressed concern over whether the 
facilities' emissions would be regulated through monitoring and 
guidelines if they were to re-open.
    Response 1: CAA section 110(a)(2)(c) and Title I, Parts C and D, as 
well as CAA sections 172, 173, and 161 require states to implement 
permit programs consistent with the requirements of the CAA which 
regulate construction and modification of stationary sources to assure 
the NAAQS are achieved. These include nonattainment new source review 
(NSR) and prevention of significant deterioration (PSD) permit 
programs. West Virginia has federally enforceable NSR and PSD permit 
programs incorporated in the West Virginia SIP. See 45CSR19 (NSR 
program approved 80 FR 29973(May 26, 2015)), 45CSR14 (PSD program 
approved 81 FR 53009 (August 11, 2016)), and 45CSR13 (minor source NSR 
program approved 79 FR 42213 (July 21, 2014)). All of the facilities 
listed in the NPR were permanently shut down, but if any were to re-
open, or if any new sources were to start operating in West Virginia in 
the same location, they would need to comply with the requirements of 
West Virginia's permit programs, as applicable including NSR, PSD or 
minor NSR. Specifically, West Virginia's rule 45CSR14, ``Permits for 
the Construction and Major Modification of Major Stationary Sources of 
Air Pollution for the Prevention of Significant Deterioration,'' was 
approved into the West Virginia SIP in 1984 and subsequently revised 
several times with the latest revision to the SIP in 2015 (81 FR 
53009). West Virginia's rule 45CSR13, ``Permits for Construction, 
Modification, or Relocation of Stationary Sources of Air Pollutants, 
and Procedures for Registration and Evaluation,'' requiring

[[Page 11888]]

construction or modification permits for all regulated stationary 
emission sources was approved into the West Virginia SIP in 1972 and 
last updated in 2014 (79 FR 42213). West Virginia's rule 45CSR19, 
``Requirements for Pre-Construction Review, Determination of Emission 
Offsets for Proposed New or Modified Stationary Sources of Air 
Pollutants and Bubble Concept for Intra-Source Pollutants,'' for 
permitting of major sources and modifications in designated 
nonattainment areas was approved into the West Virginia SIP in 1985 (50 
FR 27247) with recent revisions to the rule included in the SIP in 2015 
(80 FR 29973). These federally enforceable rules approved into the West 
Virginia SIP ensure that pollutant-emitting sources are regulated with 
appropriate and required emission limitations and monitoring 
requirements as necessary, and that their operation will not prevent 
West Virginia from attaining or maintaining the NAAQS.
    Comment 2: The commenter expressed concern that wildfires are 
negatively impacting both public health and the environment, and that 
more should be done to prevent wildfires.
    Response 2: This comment is irrelevant to this rulemaking. This 
rulemaking is concerned with removing source-specific requirements from 
the SIP for permanently shut down facilities in West Virginia. As the 
comment is neither supportive of, critical of, nor specific to this 
action, no further response is provided.
    Comment 3: The commenter questioned why the United States is 
importing gas from Nigeria at Cove Point hurting the American middle 
class and the working poor.
    Response 3: This comment is irrelevant to this rulemaking. This 
rulemaking is concerned with removing source-specific requirements from 
the SIP for permanently shut down facilities in West Virginia. As the 
comment is neither supportive of, critical of, nor specific to this 
action, no further response is provided.
    Comment 4: The commenter expressed concern over unnecessary and 
burdensome regulations, and the regulatory process.
    Response 4: As the comment is neither supportive of, critical of, 
nor specific to this action, no response is provided. This rulemaking 
is concerned with removing source-specific requirements from the SIP 
for permanently shut down facilities in West Virginia.
    Comment 5: The commenter expresses concern over potentially harmful 
health effects from low frequency electro-magnetic fields and discusses 
how their use in automobiles amongst other things could be harmful to 
human health.
    Response 5: This comment is irrelevant to this rulemaking. This 
rulemaking is concerned with removing source-specific requirements from 
the SIP for permanently shut down facilities in West Virginia. As the 
comment is neither supportive of, critical of, nor specific to this 
action, no further response is provided.
    Comment 6: The commenter asserts that EPA relied on assumptions and 
false evidence to lead attacks on hydraulic fracturing, and utilized 
the film industry to create anti-fracking films, all to justify 
regulating the industry.
    Response 6: This comment is irrelevant to this rulemaking. This 
rulemaking is concerned with removing source-specific requirements from 
the SIP for permanently shut down facilities in West Virginia. As the 
comment is neither supportive of, critical of, nor specific to this 
action, no further response is provided.

IV. Final Action

    EPA has reviewed West Virginia's SIP revision seeking removal of 
obsolete source-specific SIP requirements from the West Virginia SIP. 
These five sources have permanently ceased operation, rendering source-
specific SIP requirements for these sources obsolete. EPA has confirmed 
that all permits have been surrendered and are inactive. Therefore, EPA 
is approving the West Virginia August 25, 2017 SIP revision, which 
sought removal of source-specific revisions related to five now closed 
facilities, in accordance with section 110 of the CAA. As the five 
sources permanently shutdown, their emissions are permanently 
eliminated, so removing the source-specific SIP requirements for these 
sources will not interfere with attainment and maintenance of any 
NAAQS, reasonable further progress or any other applicable CAA 
requirement in accordance with CAA section 110(l).

V. 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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

[[Page 11889]]

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. Section 804, however, exempts 
from section 801 the following types of rules: Rules of particular 
applicability; rules relating to agency management or personnel; and 
rules of agency organization, procedure, or practice that do not 
substantially affect the rights or obligations of non-agency parties. 5 
U.S.C. 804(3). Because this is a rule of particular applicability, EPA 
is not required to submit a rule report regarding this action under 
section 801.

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 May 18, 2018. 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 pertaining to removal of source-specific 
requirements from the West Virginia SIP 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, Carbon monoxide, 
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: March 6, 2018.
Cosmo Servidio,
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


Sec.  52.2520  [Amended]

0
2. In Sec.  52.2520, the table in paragraph (d) is amended by removing 
the entries for ``Mountaineer Carbon Co,'' ``Standard Lafarge,'' 
``Follansbee Steel Corp,'' ``International Mill Service, Inc,'' and 
``Columbian Chemicals Company.''

[FR Doc. 2018-05404 Filed 3-16-18; 8:45 am]
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