[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Proposed Rules]
[Pages 29616-29617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09296]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2022-0656; FRL-10083-01-R3]
Air Plan Approval; West Virginia; 2022 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 (IBR) 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 June 7, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2022-0656 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: Om P. Devkota, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, Four Penn Center, 1600
John F. Kennedy Boulevard, Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814-2172. Mr. Devkota can also be reached via
electronic mail at [email protected].
SUPPLEMENTARY INFORMATION: On July 1, 2022, the West Virginia
Department of Environmental Protection (WVDEP) submitted a revision to
its SIP pertaining to the amendments of Legislative Rule, 45 Code of
State Rule (CSR) Ambient Air Quality Standards. The SIP submittal
updates West Virginia's IBR 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
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 IBR 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, 2020.
West Virginia's July 1, 2022, SIP revision updates the State's IBR 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, 2021. Primary NAAQS establish air quality
standards which the administrator of EPA determines are necessary, with
an adequate margin of safety, to protect the public health. Secondary
NAAQS establish air quality standards which the administrator of EPA
determines necessary to protect the public welfare from any known or
anticipated adverse effects of a pollutant. This revision also
incorporates by reference the ambient air monitoring reference methods
and equivalent methods promulgated by EPA under 40 CFR part 53.
Since the last West Virginia IBR of June 1, 2020, EPA: (1) updated
method 201A of Appendix M of Part 51; (2) completed the review of the
NAAQS for particulate matter; (3) completed the review of the NAAQS for
ozone; and (4) designated one new reference method for measuring
concentrations of sulfur dioxide and one new equivalent method for
measuring concentrations of particulate matter (PM10) in
ambient air. See 85 FR 63394 (October 7, 2020--corrected in 86 FR 9470
(February 16, 2021)), 85 FR 82684 (December 18, 2020), 85 FR 87256
(December 31, 2020), and 86 FR 12682 (March 4, 2021).
The amendments to the legislative rule include changes to section
45-8-1 (General) and 45-8-3 (Adoption of Standards). The amendments
alphabetize the criteria pollutants list in
[[Page 29617]]
the scope (1.1), update the filing and effective dates (1.3, 1.4) and
update West Virginia's IBR of the primary and secondary NAAQS and the
ambient air monitoring reference and equivalent methods from June 1,
2020 to June 1, 2021 (1.6, 3.1, 3.2). West Virginia is incorporating
the Federal rules in 40 CFR parts 50 and 53 as they existed on June 1,
2021, into sections 45-8-1 and 45-8-3.
II. Proposed Action
EPA is proposing to approve the West Virginia SIP revision of July
1, 2022 updating the IBR 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 IBR. 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 IBR. In accordance with requirements of 1
CFR 51.5, EPA is proposing to incorporate by reference 45CSR8, as
effective on April 1, 2022, as discussed in Sections I and II of this
document. 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); and,
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.
In addition, this proposed rulemaking, proposing to approve the
West Virginia SIP revision updating its IBR 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.
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
WVDEP did not evaluate environmental justice considerations as part
of its SIP submittal; the CAA and applicable implementing regulations
neither prohibit nor require such an evaluation. EPA did not perform an
EJ analysis and did not consider EJ in this action. Consideration of EJ
is not required as part of this action, and there is no information in
the record inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
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. 2023-09296 Filed 5-5-23; 8:45 am]
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