Rule2023-15810
Air Plan Approval; West Virginia; 2022 Amendments to West Virginia's Ambient Air Quality Standards
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 27, 2023
Effective
August 28, 2023
Issuing agencies
Environmental Protection Agency
Abstract
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).
Full Text
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<title>Federal Register, Volume 88 Issue 143 (Thursday, July 27, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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
<a href="http://www.regulations.gov">www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#53373625383c27327d3c3e133623327d343c25"><span class="__cf_email__" data-cfemail="fa9e9f8c91958e9bd49597ba9f8a9bd49d958c">[email protected]</span></a>.
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 (PM<INF>10</INF>) 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
<a href="http://www.regulations.gov">www.regulations.gov</a> 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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]
BILLING CODE 6560-50-P
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