[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Rules and Regulations]
[Pages 48381-48383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15810]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2022-0656; FRL-10083-02-R3]


Air Plan Approval; West Virginia; 2022 Amendments to West 
Virginia's Ambient Air Quality Standards

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. The 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. EPA is 
approving these revisions to the West Virginia SIP in accordance with 
the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on August 28, 2023.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2022-0656. All documents in the docket are listed on 
the 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 
www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

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: 

I. Background

    On May 8, 2023 (88 FR 29616), EPA published a notice of proposed 
rulemaking (NPRM) for the State of West Virginia. In the NPRM, EPA 
proposed approval of a formal SIP

[[Page 48382]]

revision submitted on July 1, 2022. The formal SIP revision 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 found at 40 
CFR part 53 into West Virginia's legislative rules.

II. Summary of SIP Revision and EPA Analysis

    West Virginia Department of Environmental Protection (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.
    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 sections 
45-8-1 (General) and 45-8-3 (Adoption of Standards). The amendments 
alphabetize the criteria pollutants list in 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.

III. EPA's Response to Comments Received

    EPA received one comment in response to the NPRM, which is 
available in the docket for this action. The comment was outside of the 
scope of this rulemaking. As such, the comment does not require a 
response by EPA.

IV. Final Action

    EPA is approving 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.

V. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of 45CSR8, as 
effective April 1, 2022, as discussed in section II. 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). Therefore, these materials have 
been approved by EPA for inclusion in the SIP, have been incorporated 
by reference by EPA into that plan, are fully federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of EPA's approval, and will be incorporated by 
reference in the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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VI. 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);
     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
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, this 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).
    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

[[Page 48383]]

commercial operations or programs and policies.''
    The 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.

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 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. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

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 September 25, 2023. 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, approving the West Virginia SIP revision updating 
its incorporation by reference of EPA's NAAQS and associated ambient 
air monitoring reference methods and equivalent methods, 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, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

Adam Ortiz,
Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 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

0
2. In Sec.  52.2520, the table in paragraph (c) entitled ``EPA-Approved 
Regulations in the West Virginia SIP'' is amended by revising the 
entries for ``Section 45-8-1'', ``Section 45-8-2'', ``Section 45-8-3'', 
and ``Section 45-8-4'' under the heading ``[45 CSR] Series 8 Ambient 
Air Quality Standards'' to read as follows:


Sec.  52.2520  Identification of plan.

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    (c) * * *

                                EPA-Approved Regulations in the West Virginia SIP
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State citation [chapter 16-                           State                            Additional explanation/
       20 or 45 CSR]            Title/subject    effective date  EPA approval date   citation at 40 CFR 52.2565
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                                 [45 CSR] Series 8 Ambient Air Quality Standards
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Section 45-8-1.............  General...........          4/1/22  7/27/23 [INSERT    Docket #2022-0656.
                                                                  FEDERAL REGISTER
                                                                  CITATION].
Section 45-8-2.............  Definitions.......          4/1/22  7/27/23 [INSERT    Docket #2022-0656.
                                                                  FEDERAL REGISTER
                                                                  CITATION].
Section 45-8-3.............  Adoption of                 4/1/22  7/27/23, [INSERT   Docket #2022-0656.
                              Standards.                          FEDERAL REGISTER
                                                                  CITATION].
Section 45-8-4.............  Inconsistency               4/1/22  7/27/23, [INSERT   Docket #2022-0656.
                              Between Rules.                      FEDERAL REGISTER
                                                                  CITATION].
 
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[FR Doc. 2023-15810 Filed 7-26-23; 8:45 am]
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