Proposed Rule2025-10548
Air Plan Approval; West Virginia; 2024 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
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. 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).
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 111 (Wednesday, June 11, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 111 (Wednesday, June 11, 2025)]
[Proposed Rules]
[Pages 24559-24560]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10548]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2024-0581; FRL-12329-01-R3]
Air Plan Approval; West Virginia; 2024 Amendments to West
Virginia's Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
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 July 11, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2024-0581 at <a href="http://www.regulations.gov">www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#f1b69e83959e9fdfbc989a94b1948190df969e87"><span class="__cf_email__" data-cfemail="5b1c34293f3435751632303e1b3e2b3a753c342d">[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, 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 <a href="http://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Bryan Cashman, 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) 814-2012. Mr. Cashman can also be reached via
electronic mail at <a href="/cdn-cgi/l/email-protection#80c3e1f3e8ede1eeaec2f2f9e1eec0e5f0e1aee7eff6"><span class="__cf_email__" data-cfemail="6a290b1902070b04442818130b042a0f1a0b440d051c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On July 1, 2024, 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, 2023.
West Virginia's July 1, 2024 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, 2023. 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.
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 the scope (1.1), update the
filing and
[[Page 24560]]
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, 2022, to June 1, 2023 (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, 2023, 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, 2024, 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 June 1, 2024. 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).
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:
<bullet> 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);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866:
<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 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).
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.
Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
[FR Doc. 2025-10548 Filed 6-10-25; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 11, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.