[Federal Register Volume 87, Number 158 (Wednesday, August 17, 2022)]
[Proposed Rules]
[Pages 50593-50594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17407]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2022-0528; FRL-10113-01-R3]
Air Plan Approval; West Virginia; 2021 Amendments to West
Virginia's Ambient Air Quality Standards
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 updates West Virginia's
incorporation by reference of EPA's national ambient air quality
standards (NAAQS) and the associated monitoring reference and
equivalent methods. This action is being taken under the Clean Air Act
(CAA).
DATES: Written comments must be received on or before September 16,
2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2022-0528 at 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 www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Serena Nichols, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F. Kennedy
Boulevard, Philadelphia, Pennsylvania 19103-2852. The telephone number
is (215) 814-2053. Ms. Nichols can also be reached via electronic mail
at [email protected].
SUPPLEMENTARY INFORMATION: On May 11, 2021 the West Virginia Department
of Environmental Protection (WVDEP) submitted a revision to its SIP
pertaining to the amendments of Legislative Rule, 45CSR8--Ambient Air
Quality Standards. The SIP submittal updates West Virginia's
incorporation by reference of the NAAQS promulgated by EPA and found at
40 Code of Federal Regulations (CFR) part 50 and ambient air monitoring
reference methods and equivalent methods promulgated by EPA and found
at 40 CFR part 53 into West Virginia's legislative rules.
I. Summary of SIP Revision and EPA Analysis
WVDEP has historically chosen to incorporate by reference the
Federal NAAQS, found at 40 CFR part 50, and the associated Federal
ambient air monitoring reference methods and equivalent methods for
these NAAQS found at 40 CFR part 53. When incorporating by reference
these Federal regulations, WVDEP has specified that it is incorporating
by reference these regulations as they existed on a certain date. The
incorporation by reference of the NAAQS that is currently approved in
the West Virginia SIP incorporates by reference 40 CFR parts 50 and 53
as they existed on June 1, 2019. West Virginia's May 11, 2021 SIP
revision updates the State's incorporation by reference of the primary
and secondary NAAQS and the ambient air monitoring reference and
equivalent methods, found in 40 CFR parts 50 and 53, respectively, as
of June 1, 2020. Since the last West Virginia incorporation by
reference of June 1, 2019, EPA: (1) designated one new equivalent
method for measuring concentrations of ozone in ambient air; (2)
designated one new reference method for measuring concentrations of
[[Page 50594]]
nitrogen dioxide; (3) amended an existing reference method for
measuring particulate matter (PM10) in ambient air; (4)
designated on new reference method for measuring concentrations of
sulfur dioxide in ambient air; (5) designated one new equivalent method
for measuring concentrations of nitrogen dioxide in ambient air. See 84
FR 44299 (August 23, 2019), 84 FR 50833 (September 26, 2019), 85 FR
5958 (February 2, 2020), 85 FR 27221 (May 7, 2020).
The amendments to the legislative rule include changes to section
45-8-1 (General), 45-8-2 (Definitions), and 45-8-3 (Adoption of
Standards). The amendments update West Virginia's incorporation by
reference of the primary and secondary NAAQS and the ambient air
monitoring reference and equivalent methods from June 1, 2019 to June
1, 2020. West Virginia is incorporating the Federal rules in 40 CFR
parts 50 and 53 as they existed on June 1, 2020 into 45-8-1 and 45-8-3.
The amendment to section 45-8-2 changes the wording of the definition
of both the CAA and ``Secretary.''
II. Proposed Action
EPA is proposing to approve the West Virginia SIP revision of May
11, 2021, updating the incorporation by reference of EPA's NAAQS and
associated ambient air monitoring reference methods and equivalent
methods. EPA is soliciting public comments on the update to West
Virginia's incorporation by reference. Please note that EPA is not
seeking public comment on the level of the NAAQS which West Virginia
incorporated by reference into its regulations. An opportunity for
public comment on the level of each individual NAAQS was given when EPA
proposed each such NAAQS. Relevant comments will be considered before
taking final action.
III. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference 45CSR8, as effective on June 1, 2021, discussed in section I.
Summary of SIP Revision and EPA Analysis, of this preamble. EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and at the EPA Region III Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).
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);
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, proposing to approve the West
Virginia SIP revision updating its incorporation by reference of EPA's
NAAQS and associated ambient air monitoring reference methods and
equivalent methods, 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.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2022-17407 Filed 8-16-22; 8:45 am]
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