[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Proposed Rules]
[Pages 38112-38114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16602]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0373; FRL-9981-68--Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Interstate Transport Requirements for the 2012 Fine 
Particulate Matter 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 submitted by the 
state of West Virginia. This revision pertains to the infrastructure 
requirement for interstate transport of pollution with respect to the 
2012 fine particulate matter (PM2.5) national ambient air 
quality standards (NAAQS). EPA is approving this revision in accordance 
with the requirements of the Clean Air Act (CAA).

DATES: Written comments must be received on or before September 4, 
2018.

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

[[Page 38113]]

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: Joseph Schulingkamp, (215) 814-2021, 
or by email at [email protected].

SUPPLEMENTARY INFORMATION: On November 12, 2015, the State of West 
Virginia, through the West Virginia Department of Environmental 
Protection (WVDEP) submitted a SIP revision addressing all required 
infrastructure elements under section 110(a) of the CAA for the 2012 
PM2.5 NAAQS. On May 12, 2017, EPA approved all portions of 
West Virginia's November 12, 2015 submittal except the portions of the 
submittal which address section 110(a)(2)(D)(i)(I) (prongs 1 and 2) and 
110(a)(2)(D)(i)(II) (prong 4). See 82 FR 22076. As explained in the 
final rule, EPA intended to take separate action on these portions of 
West Virginia's submittal. At this time, EPA is only taking action on 
110(a)(2)(D)(i)(I) (prongs 1 and 2) and is not taking action on 
110(a)(2)(D)(i)(II) (prong 4); EPA is proposing separate action on 
prong 4. See 83 FR 27734 (June 14, 2018).

I. Background

A. General

    Particle pollution is a complex mixture of extremely small 
particles and liquid droplets in the air. When inhaled, these particles 
can reach the deepest regions of the lungs. Exposure to particle 
pollution is linked to a variety of significant health problems. 
Particle pollution also is the main cause of visibility impairment in 
the nation's cities and national parks. PM2.5 can be emitted 
directly into the atmosphere, or it can form from chemical reactions of 
precursor gases including sulfur dioxide (SO2), nitrogen 
dioxide (NO2), certain volatile organic compounds (VOC), and 
ammonia. On January 15, 2013, EPA revised the level of the health based 
(primary) annual PM2.5 standard to 12 micrograms per meter 
cubed ([micro]g/m\3\). See 78 FR 3086.

B. EPA's Infrastructure Requirements

    Pursuant to section 110(a)(1) of the CAA, states are required to 
submit a SIP revision to address 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 to assure 
attainment and maintenance of the NAAQS--such as requirements for 
monitoring, basic program requirements, and legal authority. 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 of each NAAQS and what 
is in each state's existing SIP. In particular, the data and analytical 
tools available at the time the state develops and submits the SIP 
revision 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.
    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 such as requirements 
for monitoring, basic program requirements, and legal authority that 
are designed to assure attainment and maintenance of the NAAQS.

C. Interstate Pollution Transport Requirements

    Section 110(a)(2)(D)(i)(I) of the CAA requires a state's SIP to 
address any emissions activity in one state that contributes 
significantly to nonattainment, or interferes with maintenance, of the 
NAAQS in any downwind state. The EPA sometimes refers to these 
requirements as prong 1 (significant contribution to nonattainment) and 
prong 2 (interference with maintenance), or jointly as the ``good 
neighbor'' provision of the CAA. On March 17, 2016, EPA issued a 
memorandum providing information on the development and review of SIPs 
that address CAA section 110(a)(2)(D)(i) for the 2012 PM2.5 
NAAQS (2016 PM2.5 Memorandum).\1\ Further information can be 
found in the Technical Support Document (TSD) for this rulemaking 
action, which is available online at www.regulations.gov, Docket number 
EPA-R03-OAR-2017-0337.
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    \1\ ``Information on the Interstate Transport ``Good Neighbor'' 
Provision for the 2012 Fine Particulate Matter National Ambient Air 
Quality Standards under Clean Air Act Section 110(a)(2)(D)(i)(I),'' 
Memorandum from Stephen D. Page, Director, EPA Office of Air Quality 
Planning and Standards (March 17, 2016). A copy is included in the 
docket for this rulemaking action.
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II. Summary of SIP Revision and EPA Analysis

    West Virginia's November 12, 2015 SIP submittal alleged that the 
current West Virginia SIP contains adequate measures to ensure that the 
state is not causing significant contribution to nonattainment in, nor 
interfering with the maintenance of, any other state with respect to 
the 2012 PM2.5 NAAQS. West Virginia refers to the measures 
detailed in the section pertaining to section 110(a)(2)(A), which 
included numerous SIP-approved measures and other federally enforceable 
measures, pursuant to permitting requirements under the CAA, that apply 
to sources of PM2.5 and its precursors within West Virginia. 
A detailed summary of West Virginia's submittal and EPA's review and 
rationale for approval of this SIP revision as meeting CAA section 
110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS may be found in 
the TSD for this rulemaking action, which is available online at 
www.regulations.gov, Docket number EPA-R03-OAR-2016-0373.
    EPA used the information in the 2016 PM2.5 Memorandum 
and additional information for the evaluation and came to the same 
conclusion as West Virginia. As discussed in greater detail in the TSD, 
EPA identified the potential downwind nonattainment and maintenance 
receptors identified in the 2016 PM2.5 Memorandum, and then 
evaluated them to determine if West Virginia's emissions could 
potentially contribute to nonattainment and maintenance problems in 
2021, the attainment year for moderate PM2.5 nonattainment 
areas. Specifically, the analysis identified the following areas as 
potential nonattainment and maintenance receptors: (i) 17 potential 
receptors in California; (ii) one potential receptor in Shoshone 
County, Idaho; (iii) one potential receptor in Allegheny County, 
Pennsylvania; (iv) data gaps exist for the monitors in four counties

[[Page 38114]]

in Florida; and (v) data gaps exist for all monitors in Illinois. For 
the 17 receptors in California and one potential receptor in Idaho, 
based on EPA's evaluation of distance and wind direction, EPA proposes 
to conclude that West Virginia's emissions do not significantly impact 
those receptors. For the potential receptor in Allegheny County, EPA 
expects the air quality affecting that monitor to improve to the point 
where the monitor will not be a nonattainment or maintenance receptor 
by 2021 and is therefore unlikely to be a receptor for purposes of 
interstate transport. For the four counties in Florida and the monitors 
in Illinois with data gaps, EPA initially treats those receptors as 
potential nonattainment or maintenance receptors, but it is unlikely 
that they will be nonattainment or maintenance receptors in 2021 
because the most recent air quality data (from 2015-2017 for Florida 
and from 2015-2016 for Illinois) indicates that all monitors are likely 
attaining the PM2.5 NAAQS and are therefore unlikely to be 
nonattainment or maintenance concerns in 2021. Therefore, EPA proposes 
to conclude that West Virginia emissions will not contribute to those 
monitors. For these reasons, EPA is proposing to find that West 
Virginia's existing SIP provisions as identified in the November 12, 
2015 SIP submittal are adequate to prevent its emission sources from 
significantly contributing to nonattainment or interfering with 
maintenance in another state with respect to the 2012 PM2.5 
NAAQS.

III. Proposed Action

    EPA is proposing to approve the November 12, 2015 West Virginia SIP 
revision addressing the interstate transport requirements for the 2012 
PM2.5 NAAQS because the submittal adequately addresses 
section 110(a)(2)(D)(i)(I) of the CAA. 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 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).
    The SIP, addressing West Virginia's interstate transport 
obligations with respect to the 2012 PM2.5 NAAQS, is not 
approved to apply on any Indian reservation land as defined in 18 
U.S.C. 1151 or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter.

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

    Dated: July 12, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018-16602 Filed 8-2-18; 8:45 am]
 BILLING CODE 6560-50-P