Proposed Rule2025-10547
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Revisions to Regulation for Control of Ozone Season Nitrogen Oxide Emissions
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Published
June 11, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of West Virginia. The revision pertains to West Virginia 45 Code of State Rules (CSR) 40 (WV rule) that establishes the nitrogen oxides (NO<INF>X</INF>) ozone season limitations and requirements for non- electrical generating unit (EGU) large industrial boilers and combustion turbines that have a maximum design heat input of greater than 250 million British thermal units per hour (MMBtu/hr), as well as affected stationary internal combustion engines and cement manufacturing kilns. This action is being taken under the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 90 Issue 111 (Wednesday, June 11, 2025)</title>
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[Federal Register Volume 90, Number 111 (Wednesday, June 11, 2025)]
[Proposed Rules]
[Pages 24549-24554]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10547]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2024-0513; FRL-12075-01-R3]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Revisions to Regulation for Control of Ozone Season
Nitrogen Oxide Emissions
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. The revision pertains to West Virginia 45 Code
of State Rules (CSR) 40 (WV rule) that establishes the nitrogen oxides
(NO<INF>X</INF>) ozone season limitations and requirements for non-
electrical generating unit (EGU) large industrial boilers and
combustion turbines that have a maximum design heat input of greater
than 250 million British thermal units per hour (MMBtu/hr), as well as
affected stationary internal combustion engines and cement
manufacturing kilns. This action is being taken under the Clean Air Act
(CAA).
DATES: Written comments must be received on or before July 11, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2024-0513 at <a href="http://www.regulations.gov">www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#88efe7faece7e6a6e5e1e3edc8edf8e9a6efe7fe"><span class="__cf_email__" data-cfemail="f5929a87919a9bdb989c9e90b5908594db929a83">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. For either
manner of submission, the 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. The 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Michael Gordon, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F. Kennedy
Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is
(215) 814-2039. Mr. Gordon can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#97f0f8e5f3f8f9b9fafefcf2d7f2e7f6b9f0f8e1"><span class="__cf_email__" data-cfemail="91f6fee3f5feffbffcf8faf4d1f4e1f0bff6fee7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On April 17, 2024, the State of West
Virginia, through the West Virginia Department of Environmental
Protection (WVDEP), submitted a revised version of West Virginia
Legislative Rule 45CSR40-Control of Ozone Season Nitrogen Oxides
Emissions (WV rule) for inclusion in the West Virginia SIP. This
included two state revisions dated June 1, 2020 and April 1, 2023. The
submission was supplemented on October 8, 2024, with additional
information related to public noticing of the June 1, 2020 revision.
The revisions to the WV rule included: (1) updating the
characterization of units not subject to the rule because they are
subject to a Federal NO<INF>X</INF> ozone season trading program, and
(2) amending monitoring requirements consistent with the Federal rule,
``Emissions Monitoring Provisions in State Implementation Plans
Required Under the NO<INF>X</INF> SIP Call'' (84 FR 8422, March 8,
2019).
I. Background
On October 27, 1998 (63 FR 57356), the EPA finalized the ``Finding
of Significant Contribution and Rulemaking for Certain States in the
Ozone Transport Assessment Group Region for Purposes of Reducing
Regional Transport of Ozone'' (NO<INF>X</INF> SIP Call). The
NO<INF>X</INF> SIP Call was designed to mitigate significant transport
of NO<INF>X</INF>, one of the precursors of ozone. The EPA developed
the NO<INF>X</INF> Budget Trading Program, an allowance trading program
that states could adopt to meet their obligations under the
NO<INF>X</INF> SIP Call. The NO<INF>X</INF> Budget Trading Program
allowed EGUs greater than 25 megawatts and industrial non-electrical
generating units, such as boilers and turbines, with a rated heat input
greater than 250 MMBtu/hr, referred to as ``large non-EGUs'', to
participate in a regional NO<INF>X</INF> cap and trade program. The
NO<INF>X</INF> SIP call also established NO<INF>X</INF> reduction
requirements for other non-EGUs, including cement kilns and stationary
internal combustion engines. The EPA has implementing regulations for
the NO<INF>X</INF> SIP Call at 40 CFR 51.121.
On May 12, 2005 (70 FR 25162), the EPA promulgated the Clean Air
Interstate Rule (CAIR) to address transported emissions that
significantly contributed to downwind states' nonattainment and
maintenance of the 1997 ozone and fine particulate matter
(PM<INF>2.5</INF>) national ambient air quality standards (NAAQS). CAIR
required 28 states, including West Virginia, to reduce emissions of
NO<INF>X</INF> and sulfur dioxide (SO<INF>2</INF>), which are
precursors to ozone and PM<INF>2.5</INF>. Under CAIR, the EPA
established separate cap and trade programs for annual ozone season and
annual emissions.\1\ On April 28, 2006 (71 FR 25328), the EPA also
promulgated Federal Implementation Plans (FIP) requiring the EGUs in
each affected state, but not large non-EGUs, to participate in the CAIR
trading programs. States could comply with the requirements of CAIR by
either remaining on the FIP, which applied only to EGUs, or by
submitting a CAIR SIP revision that included as trading sources EGUs
and the non-EGUs that formerly traded in the NO<INF>X</INF> Budget
Trading Program under the NO<INF>X</INF> SIP Call. The EPA discontinued
administration of the NO<INF>X</INF> Budget
[[Page 24550]]
Trading Program in 2009 upon the start of the CAIR trading programs.\2\
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\1\ CAIR developed three separate cap and trade programs that
could be used to achieve the required reductions: the CAIR
NO<INF>X</INF> ozone season trading program, the CAIR annual
NO<INF>X</INF> trading program, and the CAIR annual SO<INF>2</INF>
trading program. The CAIR NO<INF>X</INF> ozone season and annual
programs began in 2009, while the CAIR SO<INF>2</INF> annual program
began in 2010.
\2\ CAIR was subsequently vacated and remanded. See North
Carolina v. EPA, 531 F.3d 896 (District of Columbia Circuit 2008),
modified by 550 F.3d 1176 (remanding CAIR). CAIR was replaced with
the Cross-State Air Pollution Rule, or CSAPR (76 FR 48208, August 8,
2011), which, after legal challenges, was implemented starting in
January 2015. The NO<INF>X</INF> Ozone Season Trading Program under
CSAPR was replaced in West Virginia and most other states by a new
trading program for ozone season NO<INF>X</INF> under the CSAPR
Update rule in January 2017 (81 FR 74504, October 26, 2016).
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The NO<INF>X</INF> SIP Call requirements continued to apply,
however, and EGUs that were formerly trading under the NO<INF>X</INF>
Budget Trading Program continued to meet their NO<INF>X</INF> SIP Call
requirements under the generally more stringent requirements of the
CAIR ozone season trading program. Large non-EGUs that were trading
under the NO<INF>X</INF> Budget Trading Program were not addressed in
the CAIR FIPs. States therefore needed to assess their NO<INF>X</INF>
SIP Call requirements and take other regulatory action as necessary to
ensure that their obligations for the large non-EGUs continued to be
met. Under CAIR, states had the option to include the non-EGUs as
trading participants in the regional CAIR ozone season trading program
either through a full CAIR SIP or through an abbreviated CAIR SIP. In
either of these options, expansion of the applicability to include the
non-EGUs and increasing the ozone season NO<INF>X</INF> budget by the
amount of the non-EGU budget in appendix C of subpart E to 40 CFR part
97, effected inclusion of the non-EGUs into the trading program.
Otherwise, states needed to assess their NO<INF>X</INF> SIP Call
requirements and take other regulatory action as necessary to ensure
that their obligations for these units continued to be met. West
Virginia chose to include the non-EGUs as CAIR trading sources, and
submitted, for inclusion in the SIP WV rule 45CSR40 which consisted of
provisions that implemented the CAIR NO<INF>X</INF> ozone season
trading program, included the large non-EGUs as trading sources, and
also included emission reduction requirements for certain non-trading
non-EGUs (cement kilns and internal combustion engines) that were
subject to the NO<INF>X</INF> SIP Call. The EPA approved WV rule
45CSR40 into the West Virginia SIP on August 4, 2009 (74 FR 38536).
The United States Court of Appeals for the District of Columbia
Circuit (D.C. Circuit) initially vacated CAIR in 2008,\3\ but
ultimately remanded the rule to the EPA without vacatur to preserve the
environmental benefits provided by CAIR.\4\ The ruling allowed CAIR to
remain in effect temporarily until a replacement rule consistent with
the Court's opinion was developed. While the EPA worked on developing a
replacement rule, the CAIR program continued as planned with the
NO<INF>X</INF> annual and NO<INF>X</INF> ozone season programs
beginning in 2009 and the SO<INF>2</INF> annual program beginning in
2010.
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\3\ North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008).
\4\ North Carolina v. EPA, 550 F.3d 1176 (D.C. Cir. 2008).
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On August 8, 2011 (76 FR 48208), acting on the D.C. Circuit's
remand, the EPA promulgated the Cross State Air Pollution Rule CSAPR to
replace CAIR and to address the interstate transport of emissions
contributing to nonattainment and interfering with maintenance of the
two air quality standards covered by CAIR as well as the 2006
PM<INF>2.5</INF> NAAQS. The rule also contained provisions that would
sunset CAIR-related obligations on a schedule coordinated with the
implementation of CSAPR compliance requirements. CSAPR was to become
effective January 1, 2012; however, the timing of CSAPR's
implementation was delayed by litigation, and the EPA began
implementing CSAPR on January 1, 2015.
Starting in January 2015, the CSAPR FIP trading programs for annual
ozone season NO<INF>X</INF> and annual SO<INF>2</INF> were applicable
in West Virginia. As a result, the provisions related to implementation
of the CAIR ozone season trading program in WV rule 45CSR40 became
obsolete and were removed by the state in a 2016 action. The CSAPR FIP
trading programs applied only to EGUs and, unlike CAIR, did not provide
for expansion of the ozone season trading program to include the
NO<INF>X</INF> SIP Call non-EGUs. States, like West Virginia, whose
non-EGUs had previously traded in the CAIR ozone season trading
program, were therefore required to address the non-EGU reduction
requirements of the NO<INF>X</INF> SIP Call outside of a regional
trading program.\5\
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\5\ After a July 13, 2016 SIP submission from West Virginia, EPA
finalized the CSAPR Update Rule to address transport related to the
2008 ozone NAAQS. It is noted that the CSAPR Update Rule included
flexibility for states to submit SIPS that expand the CSAPR ozone
season trading program to include the large non-EGUs.
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On October 26, 2016 (81 FR 74504), the EPA finalized the CSAPR
Update Rule to address interstate transport of ozone pollution with
respect to the 2008 ozone NAAQS, and issued FIPs that updated the ozone
season NO<INF>X</INF> budgets for 22 states, including West Virginia.
Starting in January 2017, the CSAPR Update Rule NO<INF>X</INF> budgets
were implemented via establishment of a new CSAPR NO<INF>X</INF> ozone
season allowance trading program that was established under the
original CSAPR. The CSAPR Update Rule reinstated the option for states
to allow non-EGUs to participate in a regional trading program. States
wishing to do this could at any time submit a SIP revision that expands
the CSAPR Ozone Season NO<INF>X</INF> budget and applicability to
include large non-EGUs.
On January 3, 2019, the EPA approved two SIP revisions submitted by
the State of West Virginia on July 13, 2016 and October 10, 2017 (83 FR
62470) pertaining to WV rule 45CSR40.
As previously noted, the EPA-administered trading programs under
CAIR were discontinued upon the implementation of CSAPR which was
promulgated by the EPA to replace CAIR. CSAPR established FIPs for 28
states, including West Virginia, and applied to EGUs. The SIP
submittals were comprised of revisions to 45CSR40, that at the time
implemented the CAIR ozone season NO<INF>X</INF> trading program that
had previously been included in the West Virginia SIP, and a
NO<INF>X</INF> Ozone Season Budget Demonstration for non-EGUs showing
that the total ozone season emissions from large non-EGUs subject to
the NO<INF>X</INF> SIP Call did not exceed the non-EGU trading budget
of 2,184 tons.\6\ The trading budget was established in the 2002 SIP
responding to the NO<INF>X</INF> SIP Call.\7\ The revised WV rule
45CSR40 removed the CAIR ozone season NO<INF>X</INF> trading program
provisions, which also addressed certain large non-EGUs, established
new requirements for these large non-EGUs, included a state-wide
NO<INF>X</INF> emissions cap, and recodified certain other provisions
that address the ozone season NO<INF>X</INF> emission reductions
required for cement kilns and internal combustion engines.
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\6\ See 40 CFR part 97, appendix C of subpart E for non-EGU
trading budgets for affected states.
\7\ See 67 FR 31733 (May 10, 2002). The EPA notes that the non-
EGU budget amount adopted by West Virginia in its NO<INF>X</INF>
Budget Trading Program regulations matches the budget amount
separately established for the state's non-EGUs under a different
Federal rule promulgated contemporaneously with the NO<INF>X</INF>
SIP Call pursuant to CAA section 126. See 40 CFR part 97, subpart E,
appendix C.
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On March 8, 2019 (84 FR 8422), the EPA finalized the ``Emissions
Monitoring Provisions in State Implementation Plans Required Under the
NO<INF>X</INF> SIP Call Rule'', amending the NO<INF>X</INF> SIP Call
regulations to allow states to amend their SIPs, for NO<INF>X</INF> SIP
Call purposes only, and establish emissions monitoring requirements for
certain units. Under 40 CFR 51.121(i)(4) \8\ of the
[[Page 24551]]
regulations as originally promulgated, a state's SIP was required to
include 40 CFR part 75 monitoring if the SIP included control measures
for large EGUs or large non-EGUs. The amendment to the NO<INF>X</INF>
SIP Call regulations makes inclusion of 40 CFR part 75 monitoring for
sources in SIPs optional rather than mandatory, thus allowing states
greater flexibility to establish the form of the NO<INF>X</INF>
emissions monitoring, recordkeeping, and reporting requirements
included in their SIPs. The units potentially affected by the amendment
include non-EGU boilers and combustion turbines, and certain EGUs-
specifically, combustion turbines that are considered large EGUs for
NO<INF>X</INF> SIP Call purposes and that are not required to monitor
according to 40 CFR part 75 under other programs such as the Acid Rain
Program or a CSAPR trading program. West Virginia amended 45CSR40 to
incorporate these monitoring, reporting and recordkeeping provisions,
as well as revising the applicability section, and submitted it as a
SIP revision on April 17, 2024 to the EPA.
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\8\ As originally promulgated, 40 CFR 51.121(i)(4) states that
if a SIP revision contains measures to control fossil fuel-fired
NO<INF>X</INF> sources serving electric generators with a nameplate
capacity greater than 25 MW or boilers, combustion turbines or
combined cycle units with a maximum design heat input greater than
250 MMBtu/hr, then the revision may require some or all such sources
to comply with the full set of monitoring, recordkeeping, and
reporting provisions of 40 CFR part 75, subpart H.
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II. Summary of SIP Revisions and EPA Analysis
For the applicable units, as described in subsection 4, West
Virginia rule 45CSR40 establishes: (a) ozone season NO<INF>X</INF>
emissions limitations, monitoring, recordkeeping, reporting, excess
emissions, and NO<INF>X</INF> budget demonstration requirements for
non-EGU large industrial boilers and combustion turbines that have a
maximum design heat input greater than 250 MMBtu/hr, in accordance with
40 CFR 51.121; (b) ozone season NO<INF>X</INF> reduction, compliance
plan, monitoring, recordkeeping and reporting requirements for affected
stationary internal combustion engines; and (c) ozone season
NO<INF>X</INF> control standards, ozone season NO<INF>X</INF>
compliance plan, monitoring, recordkeeping, and reporting requirements
for cement kilns.\9\ As noted previously, WV rule 45CSR40, effective
July 13, 2016 and approved most recently into the West Virginia SIP on
January 3, 2019, was adopted to implement the ozone season trading
program under CSAPR, and to address NO<INF>X</INF> SIP Call
requirements including the requirements that apply to stationary
internal combustion engines and cement manufacturing kilns. WV rule
45CSR40 was revised effective June 1, 2020,\10\ and further revised
effective April 1, 2023, to conform the applicability section to
changes in the Federal ozone season ``trading programs,'' and
monitoring, reporting and recordkeeping requirements set forth in the
2019 NO<INF>X</INF> SIP Call Rule amendments (84 FR 8422, March 8,
2019). Notably, West Virginia did not previously submit the June 1,
2020 revisions for approval into the SIP.
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\9\ 45 CSR 40-1.1.
\10\ WV rule 45CSR40 was revised effective June 1, 2020 to
update references to CSAPR trading programs in effect at that time
and incorporate alternate monitoring, reporting and recordkeeping
requirements consistent with the amended 2019 NO<INF>X</INF> SIP
Call Rule regulations (84 FR 8422, March 8, 2019) for units that are
not subject to a Federal trading program. The ``Applicability''
section of the WV rule was further revised effective April 1, 2023
to replace specific outdated references to the CSAPR Group 2 trading
program with language referring to ``Federal trading program'' to
facilitate compliance with future changes to Federal trading
programs that may include non-EGUs and large stationary sources.
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The April 17, 2024 West Virginia SIP submittal is comprised of
revised WV rule 45CSR40 (both the June 2020 and April 2023 amendments)
and the NO<INF>X</INF> SIP Call non-EGU Budget Demonstration, a non-
regulatory supplement that is required under Section 8 of WV rule
45CSR40. Specific references to CSAPR ozone season trading program
provisions were replaced with language updating the characterization of
units not subject to the rule because they are subject to a Federal
NO<INF>X</INF> ozone season trading program. Definitions,
applicability, and other provisions responding to the NO<INF>X</INF>
SIP Call including monitoring and reporting under 40 CFR part 75, were
retained. New requirements were added to the WV rule for monitoring,
reporting, and recordkeeping consistent with the 2019 NO<INF>X</INF>
SIP Call Rule amendments (84 FR 8422, March 8, 2019) and 40 CFR part 60
\11\ for units that are not part of a Federal trading program. The
ozone season NO<INF>X</INF> emission budget of 2,184 tons and the
limits that applied to non-EGUs sources, stationary internal combustion
engines, and cement kilns were retained and recodified.
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\11\ 40 CFR part 60 Standards of Performance for New Stationary
Sources are pollution control standards, adherence to which
maintains the air quality in an area or region by reducing or
eliminating pollutants release. Included in 40 CFR part 60 are
various subparts that define methods by which facilities or
operations can achieve compliance with emission guidelines or
standards of performance.
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The June 1, 2020 revisions to WV rule 45CSR40 updated reference to
the CSAPR Ozone Season Group 2 trading program that was in effect at
the time that the rule was revised, and amended the monitoring,
recordkeeping, and reporting requirements consistent with the 2019
NO<INF>X</INF> SIP Call Rule amendments. The revisions applied
primarily to Section 2 ``Definitions'', Section 4 ``Applicability'',
and Section 6 ``Monitoring, recordkeeping, and reporting requirements''
and did not substantively alter any other requirements beyond the
allowance of optional alternative monitoring, recordkeeping, and
reporting provisions.
The April 1, 2023 revisions to the rule were primarily to Section 4
``Applicability'' and replaced references to CSAPR Ozone Season Group 2
trading program with ``a seasonal NO<INF>X</INF> trading program
established under 40 CFR part 97'' and revised the characterization of
units that are not subject to the rule because they are subject to a
seasonal NO<INF>X</INF> trading program established under a SIP
revision, to accommodate future changes to Federal trading program
rules.\12\ There was a non-substantive edit to section 1.1.a and the
manor of approval or disapproval by the secretary under section 9.2.l
was edited from ``by certified mail'' to ``in writing.''
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\12\ Section 4 notes that such a future Federal trading program
may be implemented via a Federal implementation plan or via a SIP
approved seasonal NO<INF>X</INF> trading program.
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Below are detailed descriptions of the revisions: \13\
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\13\ Note that the description below encompasses the cumulation
of the June 2020 and April 2023 revisions--for example, Section 4
was revised in both June 2020 and April 2023, and the description
below references the most recent April 2023 revisions.
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Section 1--``General'' subsection 1.5 was renamed Sunset Provision
and states that the rule is exempt from Sunset Provisions.
Section 2--``Definitions'', was renumbered and sets forth revised
definitions for terms used in section 5 and section 6. Subsection 2.6
revised the definition of ``continuous emissions monitoring system'' or
``CEMS'' to total equipment required for the determination of
NO<INF>X</INF> emission rate, expressed in pounds per million British
thermal units (lb/MMBtu). For the purposes of the rule, CEMS is used
for continuous compliance determinations and the sample interface,
pollutant analyzer, diluent analyzer, and data recorder are defined as
the major subsystems of the CEMS. Subsection 2.15 revised the
definition of ``monitoring system'' to include reference to section 6.2
of the WV rule and 40 CFR part 75, as defined in 40
[[Page 24552]]
CFR 72.2. A new subsection 2.16 defines ``nitrogen oxides'' or
``NO<INF>X</INF>'' as all oxides of nitrogen except nitrous oxide
(N<INF>2</INF>O), reported on an equivalent molecular weight basis as
nitrogen dioxide (NO<INF>2</INF>). Subsection 2.17 (previously 2.16)
``NO<INF>X</INF> SIP Call Engine Inventory'' includes a revised
reference to the 65 FR 11222 \14\ and 69 FR 21604.\15\ New subsection
2.19 defines ``Performance Specification 2'' or ``PS2'' for CEMS as
provided in appendix B of 40 CFR part 60 \16\ and states that for
purposes of subsections 6.3 and 6.5, these procedures are used for
measuring CEMS relative accuracy and calibration drift and include CEMS
installation and measurement location specifications, equipment
specifications, performance specifications, and data reduction. New
subsection 2.20 defines ``Performance Specification 16'' or ``PS16''
for Predictive Emissions Monitoring Systems (PEMS) as provided in
appendix B of 40 CFR part 60 \17\ and states that for purposes of
subsection 6.4, these procedures are used to determine whether the PEMS
is acceptable for use in demonstrating compliance with the
NO<INF>X</INF> emission limit and to certify the PEMS initially. They
are also used periodically thereafter to ensure the PEMS is operating
properly and apply to PEMS that are installed on or after April 24,
2009. New subsection 2.21 defines ``Predictive Emissions Monitoring
Systems'' or ``PEMS'' major subsystems as any of the following major
subsystems: sensors and sensor interfaces, emission model, algorithm,
or equation that uses process data to generate an output that is
proportional to the emission concentration or emission rate, diluent
emission model, data recorder, and sensor evaluation system.
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\14\ 65 FR 11222--Technical Amendments to the Findings of
Significant Contribution and Rulemaking for Certain States for
Purposes of Reducing Regional Transport of Ozone.
\15\ 69 FR 21604--Interstate Ozone Transport: Response to Court
Decisions on the NO<INF>X</INF> Sip Call, NO<INF>X</INF> SIP Call
Technical Amendments, and Section 126 Rules.
\16\ 40 CFR part 60--Standards of Performance for New Stationary
Sources; Appendix B--Performance Specification 2--Performances
Specifications and Test Procedures for SO<INF>2</INF> and
NO<INF>X</INF> CEMS in Stationary Sources.
\17\ 40 CFR part 60--Standards of Performance for New Stationary
Sources; Appendix B--Performance Specification 16--Specifications
and Test Procedures for Predictive Emission Monitoring Systems in
Stationary Sources.
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Section 3--``Measurements'', Abbreviations and Acronyms'' was
renumbered and the following acronyms CEMS, CSAPR, g/bhp-hr,
NO<INF>X</INF>, O<INF>2</INF> PEMS, and SO<INF>2</INF> were added.
Section 4--``Applicability'' was revised to characterize units
subject to the rule as units with a maximum design heat input greater
than 250 MMBtu/hr, except for any unit subject to a seasonal
NO<INF>X</INF> trading program established under 40 CFR part 97 in
accordance with a Federal implementation plan set forth in 40 CFR
52.38(b) or subject to a seasonal NO<INF>X</INF> trading program
established under a SIP revision approved by the EPA as meeting the
requirements of 40 CFR 52.38(b).
Section 6--``Monitoring, recordkeeping and reporting requirements''
was expanded to include specific monitoring, recordkeeping, and
reporting requirements for the CEMS, PEMS and other monitoring systems
associated with each of the units described in subsection 4.1 and
incorporates by reference the applicable requirements of 40 CFR part
75, subpart H and 40 CFR part 60. Subsection 6.1 was revised to specify
that the owner or operator of an applicable unit under subsection 4.1
shall comply with the provisions of 40 CFR part 75, subpart H,
including the use of any of the emissions monitoring methodologies
which the unit qualifies to use under 40 CFR part 75, or shall install
and operate a CEMS or a certified PEMS as necessary to attribute ozone
season mass emissions of NO<INF>X</INF> to each unit in accordance with
subsection 6.2, 6.3, 6.4 or 6.5. NO<INF>X</INF> mass emissions
measurements recorded and reported in accordance with subsections 6.2,
6.3, 6.4 or 6.5 shall be used to determine a unit's compliance with the
ozone season NO<INF>X</INF> emission limitation set forth in section 5.
Subsections 6.2 through 6.5 include specifications for monitoring,
recordkeeping, and reporting and incorporate by reference the
applicable requirements of 40 CFR parts 60 and 75, and WV rule
45CSR16.\18\
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\18\ WV rule 45CSR16 incorporates 40 CFR part 60 by reference.
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The April 17, 2024 West Virginia SIP Non-EGU Budget Demonstration
submission shows that total ozone season NO<INF>X</INF> emissions from
non-EGUs that are subject to the NO<INF>X</INF> SIP Call do not exceed
the West Virginia ozone season budget of 2,184 tons for non-EGUs. The
ozone season NO<INF>X</INF> budget for non-EGUs was established in the
West Virginia SIP in 2002 in response to the NO<INF>X</INF> SIP Call.
The maximum potential ozone season NO<INF>X</INF> emissions of 1,202
tons based on permit and consent order limits shown in Table 1 in this
document, is less than the total West Virginia NO<INF>X</INF> non-EGU
budget and leaves 982 tons available for new units which may at a later
date become subject to NO<INF>X</INF> SIP Call requirements.
---------------------------------------------------------------------------
\19\ Data presented on Table 1 of this document, was excerpted
from the West Virginia April 17, 2024 SIP submission.
Table 1--Total Ozone Season NOX Emissions From Large Non-EGUs in West Virginia \19\
----------------------------------------------------------------------------------------------------------------
Ozone Ozone
Maximum design season season NOX
Source Units (boiler #) heat input operating NOX emission rate limit emissions
(MMBtu/hr.) time (tons)
(hrs.)
----------------------------------------------------------------------------------------------------------------
Altivia Services. LLC, BO16............ 350 3,672 0.036 lb/MMBtu......... 23
Institute.
BO17............ 350 3,672 0.036 lb/MMBtu......... 23
BO18............ 350 3,672 0.036 lb/MMBtu......... 23
Appalachian Power Company. AUX1............ 642 876 0.020 lb/MMBtu......... 56
John E Amos.
AUX3............ 600 876 0.020 lb/MMBtu......... 53
Appalachian Power Company, AUX1............ 600 876 99.67 lbs/hr........... 44
Mountaineer (1301). AUX2............ 600 876 99.67 lbs/hr........... 44
Blue Racer Midstream. LLC, CT1............. 496.2 3,672 20.35 tons/yr.......... 20
Natrium Power Plant.
CT2............. 496.2 3,672 20.35 tons/yr.......... 20
CT3............. 496.2 3,672 20.35 tons/yr.......... 20
CT4............. 496.2 3,672 20.35 tons/yr.......... 20
Chemours Company, Belle...... 10.............. 275 3,672 0.20 lb/MMBtu.......... 101
Kentucky Power Company, AUX1............ 663 876 99.45 lbs/hr........... 44
Mitchel (WV).
[[Page 24553]]
Union Carbide Corporation, B26............. 352 3,672 70.4 lbs/hr............ 129
South Charleston. B27............. 353 3,672 70.6 lbs/hr............ 130
Westlake Natrium, LLC, 4............... 540 3,672 0.16 lb/MMBtu.......... 159
Natrium.
5............... 999 3,672 0.16 lb/MMBtu.......... 293
-----------
Total Ozone Season NOX... ................ .............. .......... ....................... 1,202
----------------------------------------------------------------------------------------------------------------
Whenever a new unit that meets the applicability of section 4.1 of
WV rule 45CSR40 (and thus is also subject to the NO<INF>X</INF> SIP
Call) commences operation, or an existing unit becomes newly
applicable, West Virginia is required under subsection 8.3 of WV rule
45CSR40 to submit a revised demonstration to the EPA that shows
continuing compliance with the state-wide ozone season NO<INF>X</INF>
emissions cap of 2,184 tons for applicable units. The EPA finds that
West Virginia's revised provisions in WV rule 45CSR40 meet the
requirements for the NO<INF>X</INF> SIP Call, the CAA (including
section 110) and 40 CFR 51.121.
The changes West Virginia has made to rule 45CSR40 are approvable
under CAA section 110 because: (l) the applicability provisions at
section 4.1 cover all existing and new NO<INF>X</INF> SIP Call non-EGUs
that are not subject to a seasonal NO<INF>X</INF> trading program
established under 40 CFR part 97; (2) the enforceable cap on the
collective ozone season NO<INF>X</INF> emissions from covered non-EGUs
does not exceed the limit set forth in Section 8.1 of the WV rule and
previously approved as part of the 2016 SIP responding to the
NO<INF>X</INF> SIP Call and identified in 40 CFR part 97, subpart E,
appendix C; (3) monitoring, recordkeeping and reporting in accordance
with 40 CFR part 75, 40 CFR part 60, and West Virginia rule 45CSR16 are
required for the non-EGUs; (4) the cement kiln and internal combustion
engine provisions previously applicable to such sources in the 2016
West Virginia SIP have not been substantively changed and are simply
recodified; and (5) the revised WV rule 45CSR40 generally addresses the
requirements for large non-EGUs for the SIP Call pursuant to 40 CFR
51.121 and is consistent with all applicable CAA requirements.
The SIP revision is consistent with the provisions of CAA section
110(l) for revisions to a state's SIP because it maintains the
NO<INF>X</INF> ozone season budget originally established under the
NO<INF>X</INF> SIP Call and in the West Virginia SIP, and recodifies
other provisions maintaining requirements already in the SIP for cement
kilns and internal combustion engines. Thus, the EPA does not expect
any emission increases, or interference with attainment or maintenance
of the NAAQS, reasonable further progress, or any other CAA
requirements.
III. Proposed Action
The EPA's review of this material indicates that the April 17, 2024
SIP revision submittal and supplemental information submitted on
October 8, 2024, is approvable. The April 17, 2024 SIP submission, as
clarified on October 8, 2024, requests that the EPA approve the amended
version of WV rule 45CSR40 into the West Virginia SIP.
The EPA is proposing to approve the West Virginia SIP revision
submitted on April 17, 2024, as clarified on October 8, 2024, because
the revised WV rule 45CSR40 addresses CAA requirements in section 110
and 40 CFR 51.121 for the NO<INF>X</INF> SIP Call and for units subject
to the NO<INF>X</INF> SIP Call. The EPA is soliciting public comments
on the issues discussed in this document. These comments will be
considered before taking final action.
IV. Incorporation by Reference
In this document, the EPA is proposing to include regulatory text
in a final EPA rule that includes incorporation by reference. In
accordance with the requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the revisions to West Virginia Rule 45CSR40--
Control of Ozone Season Nitrogen Oxides Emissions as described in
section II of this document. The EPA has made, and will continue to
make, these materials generally available through <a href="http://Regulations.gov">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).
V. 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, the 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:
<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);
<bullet> Is not subject to requirements of Executive Order 13563
because it is exempt from review by the Office of Management and
Budget;
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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
[[Page 24554]]
application of those requirements would be inconsistent with the Clean
Air Act.
In addition, this action 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 the 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, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Recording and
recordkeeping requirements, Sulfur oxides.
Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
[FR Doc. 2025-10547 Filed 6-10-25; 8:45 am]
BILLING CODE 6560-50-P
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