Daily Rules, Proposed Rules, and Notices of the Federal Government
On February 22, 2012, EPA published a notice of proposed rulemaking (NPR) for West Virginia. 77 FR 10423. The
It is important to note that 45 CSR 8 adopts those national ambient standards promulgated by EPA as ambient air quality standards for the State of West Virginia.
The State of West Virginia's legislative rulemaking is a lengthy annual process. The legislature meets from January to March, at which time an agency approved rule is reviewed by the appropriate legislative committees. An agency approved rule is approved in a legislative bill and is then sent to the governor for signature in April and most often becomes effective a month later in May. This makes West Virginia's rulemaking process an ongoing task that is most often a year behind. Because of this yearly process, any rules published by EPA after April cannot be accommodated in the rulemaking process of that respective year. Therefore, the revisions to 45 CSR 8 which are relevant here were approved in the West Virginia legislative process in the spring of 2011, but reflect the June 1, 2010 versions of 40 CFR parts 50 and 53 because that is the latest annual edition of the federal regulations which were available at the time of the West Virginia legislative approval process in the spring of 2011. EPA notes, however, that West Virginia has a practice of regularly revising its regulations to adopt any changes in applicable NAAQS. EPA is approving these regulation changes into the West Virginia SIP as a SIP strengthening measure.
EPA is approving the updated version of 45 CSR 8 into the West Virginia SIP. This revision is being approved as a SIP strengthening measure for the West Virginia SIP.
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:
• 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);
• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501
• 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
• 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);
• Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);
• Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);
• 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
• Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
The Congressional Review Act, 5 U.S.C. 801
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 November 13, 2012. 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 pertaining to the ambient air quality standards may not be challenged later in proceedings to enforce its requirements. (
Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides.
40 CFR part 52 is amended as follows:
42 U.S.C. 7401
The amendments read as follows:
(c) * * *