Rule2025-18611
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
September 25, 2025
Effective
October 27, 2025
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. 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. 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 90 Issue 184 (Thursday, September 25, 2025)</title>
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[Federal Register Volume 90, Number 184 (Thursday, September 25, 2025)]
[Rules and Regulations]
[Pages 46063-46065]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18611]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2024-0581; FRL-12329-02-R3]
Air Plan Approval; West Virginia; 2024 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. 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. 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 October 27, 2025.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2024-0581. All documents in the docket are listed on
the 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> FOR FURTHER INFORMATION CONTACT section for
additional availability information.
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#377456445f5a56591975454e56597752475619505841"><span class="__cf_email__" data-cfemail="bbf8dac8d3d6dad595f9c9c2dad5fbdecbda95dcd4cd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
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 the EPA and found at 40 Code of Federal
Regulations (CFR) part 50 and ambient air monitoring reference methods
and equivalent methods promulgated by the EPA and found at 40 CFR part
53 into West Virginia's legislative rules.
II. Summary of SIP Revision and the EPA Analysis
The 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. This revision also incorporates by
reference the ambient air monitoring reference methods and equivalent
[[Page 46064]]
methods promulgated by the 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 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.
III. EPA's Response to Comments Received
The EPA received one comment in response to the NPRM, which is
available in the docket for this action. The comment was outside the
scope of this rulemaking. As such, the comment does not require a
response by the EPA.
IV. Final Action
The EPA is approving the West Virginia SIP revision of July 1, 2024
updating the IBR of the EPA's NAAQS and associated ambient air
monitoring reference methods and equivalent methods.
V. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference
45CSR8, as effective on June 1, 2024, as described in section II of
this preamble. The 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 the 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 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 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 the 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 the 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 24, 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 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.
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 ``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) * * *
[[Page 46065]]
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Additional
State explanation/
State citation [Chapter 16-20 or 45 Title/subject effective EPA approval date citation at 40
CSR] date CFR 52.2565
(Docket No.)
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[45 CSR] Series 8 Ambient Air Quality Standards
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Section 45-8-1..................... General.............. 6/1/24 9/25/2025, 90 FR 2024-0581
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Section 45-8-2..................... Definitions.......... 6/1/24 9/25/2025, 90 FR 2024-0581
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Section 45-8-3..................... Adoption of Standards 6/1/24 9/25/2025, 90 FR 2024-0581
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THE DOCUMENT BEGINS].
Section 45-8-4..................... Inconsistency Between 6/1/24 9/25/2025, 90 FR 2024-0581
Rules. [INSERT FEDERAL
REGISTER PAGE WHERE
THE DOCUMENT BEGINS].
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[FR Doc. 2025-18611 Filed 9-24-25; 8:45 am]
BILLING CODE 6560-50-P
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