[Federal Register Volume 71, Number 7 (Wednesday, January 11, 2006)]
[Rules and Regulations]
[Pages 1696-1697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-196]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2005-WV-0002; FRL-8020-4]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Emission Reductions to Meet Phase II of the Nitrogen
Oxides (NOX) SIP Call
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is granting conditional approval of a State Implementation
Plan (SIP) revision submitted by the State of West Virginia. This
revision establishes and requires NOX emission reductions
from large, stationary internal combustion engines in the State to meet
Phase II of the NOX SIP Call. Because the revision was
adopted by West Virginia under its emergency rules provisions and has a
sunset date, this approval is conditioned on West Virginia Department
of Environmental Protection (WVDEP) adopting a permanent rule with an
effective date prior to the sunset date of the emergency rule, and
submitting the permanent rule as a SIP revision to EPA by July 1, 2006.
WVDEP is in the process of adopting its permanent version of the rule
and has submitted a written commitment to EPA stating it will meet all
of these conditions. The intended effect of this action is to grant
conditional approval of West Virginia's rule to meet its remaining
emission reduction obligations under the NOX SIP Call.
DATES: This final rule is effective on February 10, 2006.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2005-WV-0002. All documents in the docket are listed
in the http://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
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 either electronically through http://www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
West Virginia Department of Environmental Protection, Division of Air
Quality, 7012 MacCorkle Avenue, SE., Charleston, West Virginia 25304-
2943.
FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by
e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On October 20, 2005 (70 FR 61104), EPA published a notice of
proposed rulemaking (NPR) for the State of West Virginia. The NPR
proposed to grant conditional approval of revisions to West Virginia
emergency rule 45CSR1 titled Control and Reduction of Nitrogen Oxides
from Non-Electric Generating Units as a Means to Mitigate Transport of
Ozone Precursors. The formal SIP revision was submitted by WVDEP on
March 31, 2005 (inadvertently noted in the NPR as being submitted on
March 30, 2005).
II. Summary of SIP Revision
West Virginia's March 31, 2005 SIP submittal requires large,
stationary internal combustion engines in the State to reduce
NOX emissions by a total of 903 tons for the 2007 ozone
season and beyond, beginning on May 1, 2007. Sources in West Virginia
that are subject to the new requirements must submit a compliance plan
to WVDEP by May 1, 2006.
[[Page 1697]]
Other specific requirements of the SIP revision and the rationale
for EPA's action to grant conditional approval are explained in the NPR
and will not be restated here. No public comments were received on the
NPR.
III. Final Action
EPA is granting conditional approval of West Virginia's March 31,
2005 SIP revision consisting of West Virginia emergency rule 45CSR1.
For West Virginia's emergency rule 45CSR1 to become fully approvable,
the State must, in accordance with its August 15, 2005 commitment,
fulfill the following conditions:
(1) Adopt a permanent rule that corresponds to emergency rule
45CSR1, but with an effective date prior to the sunset date of the
emergency rule, and
(2) Submit the permanent rule as a SIP revision to EPA by July 1,
2006. Once West Virginia fulfills these conditions, EPA will conduct
rulemaking to convert its conditional approval to a full approval. If
the conditions are not fulfilled within the specified time frame, any
final conditional approval granted by EPA will convert to a
disapproval.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 rule 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. This rule 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 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 March 13, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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 granting conditional approval of West
Virginia's SIP revision to meet Phase II of the NOX SIP Call
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, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements.
Dated: December 23, 2005.
Donald S. Welsh,
Regional Administrator, Region III.
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40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart XX--West Virginia
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2. Section 52.2522 is amended by adding paragraph (i) to read as
follows:
Sec. 52.2522 Approval status.
* * * * *
(i) EPA is granting conditional approval of West Virginia's March
31, 2005 SIP revision consisting of West Virginia emergency rule
45CSR1. For West Virginia's emergency rule 45CSR1 to become fully
approvable, the State must, in accordance with its August 15, 2005
commitment, fulfill the following conditions:
(1) Adopt a permanent rule that corresponds to emergency rule
45CSR1, but with an effective date prior to the sunset date of the
emergency rule, and
(2) Submit the permanent rule as a SIP revision to EPA by July 1,
2006.
[FR Doc. 06-196 Filed 1-10-06; 8:45 am]
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