[Federal Register Volume 90, Number 170 (Friday, September 5, 2025)]
[Rules and Regulations]
[Pages 42841-42843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-17064]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[EPA-R03-OAR-2023-0026; FRL-11859-02-R3]
Air Plan Approval; West Virginia; Revision to the State Operating
Permits Program Under Title V of the Clean Air Act To Revise 45 Code of
State Rules 33; Acid Rain Provisions and Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a Title
V Operating Permits Program revision submitted by the West Virginia
Department of Environmental Protection (WVDEP) on behalf of the State
of West Virginia. The revision incorporated by reference final rules
promulgated by the EPA, effective June 1, 2020, into West Virginia's
Title V Operating Permits Program. The EPA is approving these revisions
to the West Virginia Title V Operating Permits Program in accordance
with the requirements of the Clean Air Act (CAA). The approval will
serve to maintain consistency between the State and Federal counterpart
regulations.
DATES: This final rule is effective on October 6, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R03-OAR-2023-0026. 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: Paul Entwistle, Permits Branch
(3AD10), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1600 John F. Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone number is (215) 814-2343. Mr.
Entwistle can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On August 16, 2024 (89 FR 66662), the EPA published a notice of
proposed rulemaking (NPRM) for the State of West Virginia. In the
August 2024 NPRM, the EPA proposed approval of amendments that West
Virginia made to 45 Code of State Rules (CSR) 33, Acid Rain Provisions
and Permits. The formal Title V Operating Permits Program revision was
submitted by West Virginia on May 10, 2021. Specifically, WVDEP amended
45 CSR 33-1.3, 45 CSR 33-1.4, 45 CSR 33-1.5, 45 CSR 33-1.6, 45 CSR 33-
2.2, and 45 CSR 33-4.1. The amendment to 45 CSR 33-4.1 incorporated by
reference final regulations promulgated by the EPA and codified in 40
Code of Federal Regulations (CFR) parts 72, 74, 75, 76, and 77 under
the CAA's Title IV Acid Rain program. West Virginia has requested that
the EPA approve the submitted amendments to revise the West Virginia
Title V Operating Permits Program approved at 40 CFR part 70, appendix
A. West Virginia indicates that this revision to its approved 40 CFR
part 70 program is necessary to ensure that 45 CSR 33 stays up to date
with its Federal counterpart regulations, consistent with section 22-1-
3(c) of the West Virginia Code.
The CAA requires all state and local permitting authorities to
develop Operating Permits Programs that meet the requirements of Title
V of the CAA, 42 U.S.C. 7661-7661f, and its implementing regulations,
40 CFR part 70. The West Virginia State Operating Permits Program under
Title V of the CAA is codified in 45 CSR 30 of the West Virginia Code
of State Rules.
II. Summary of Title V Operating Permits Program Revision and EPA
Analysis
The EPA is approving into West Virginia's EPA-approved Title V
program the amendments that the state made to 45 CSR 33, referenced
above.
[[Page 42842]]
Most notably, the amendment to 45 CSR 33-4.1 adopted and incorporated
by reference the following Federal regulations: 40 CFR part 72,
``Permits Regulation;'' 40 CFR part 74, ``Sulfur Dioxide Opt-Ins;'' 40
CFR part 75, ``Continuous Emission Monitoring;'' 40 CFR part 76, ``Acid
Rain Nitrogen Oxides Emission Reduction Program;'' and 40 CFR part 77,
``Excess Emissions,'' as they existed on June 1, 2020. These Federal
regulations included time-limited changes to the emissions reporting
regulations applicable to sources that monitor and report emissions
under the Acid Rain Program, the Cross-State Air Pollution Rule
(CSAPR), and/or the nitrogen oxides (NOX) state
implementation plan (SIP) Call. These time limited changes were
necessary during the COVID-19 national emergency to protect on-site
power plant operators and other essential personnel from unnecessary
risk of exposure to the coronavirus. These changes have since expired.
West Virginia's revisions to 45 CSR 33-1.3, 45 CSR 33-1.4, 45 CSR
33-1.5, 45 CSR 33-1.6, and 45 CSR 33-2.2 are described in detail in the
August 2024 NPRM.
West Virginia's submittal requested that the EPA approve the
state's amended regulations to its Acid Rain Provisions and to its
Title V program. The EPA finds that the May 10, 2021 submittal has met
the requirements of CAA section 502, and is consistent with applicable
EPA requirements in the Title V Operating Permits Program of the CAA
and 40 CFR part 70. This rule approves the amendments to 45 CSR 33
contained in the West Virginia submittal as a revision to the EPA's
approved Title V program for West Virginia by adding a paragraph (i)
into 40 CFR part 70 appendix A under West Virginia. This new paragraph
will indicate the EPA's approval of the revision. It should be noted
that while the August 2024 NPRM proposed the addition of a paragraph
(h) into 40 CFR part 70 appendix A under West Virginia, another
paragraph (h) has since been added under this section as the result of
an unrelated rulemaking, necessitating the addition of a paragraph (i).
Additional information regarding West Virginia's submittal and the
rationale for the EPA's action are explained in the NPRM and will not
be restated here. No public comments were received on the NPRM.
III. Final Action
Pursuant to 40 CFR 70.4(i)(2), the EPA is approving the revision to
the West Virginia Title V Operating Permits Program. The revision meets
the relevant requirements of section 502 of the CAA and the
implementing regulations.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
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 Clean Air Act.
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 Order 12866 (58
FR 51735, October 4, 1993);
Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review 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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
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 Clean Air Act.
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, 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).
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 4, 2025. 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 may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 70
Environmental protection, Acid rain, Administrative practice and
procedure, Air pollution control, Operating Permits, Intergovernmental
relations, Reporting and recordkeeping requirements.
Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
70 as follows:
PART 70--STATE OPERATING PERMIT PROGRAMS
0
1. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Appendix A to part 70 is amended by adding paragraph (i) under
``West Virginia'' to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
West Virginia
* * * * *
(i) The West Virginia Department of Environmental Protection
submitted a program revision on May 10, 2021 for amendments that
West Virginia made to 45 Code of State Rules 33, Acid Rain
Provisions and Permits. The State revision included the
incorporation by reference of Federal regulations with time-limited
changes to the emissions reporting regulations applicable to sources
that monitor and report emissions, as
[[Page 42843]]
well as other minor changes; approval effective on October 6, 2025.
* * * * *
[FR Doc. 2025-17064 Filed 9-4-25; 8:45 am]
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