[Federal Register Volume 79, Number 48 (Wednesday, March 12, 2014)]
[Proposed Rules]
[Pages 13929-13931]
[FR Doc No: 2014-05424]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0140; Directorate Identifier 2013-NM-176-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Airbus Model A330-200 and -300 series airplanes, and Model
A340-200 and -300 series airplanes. This proposed AD was prompted by a
report of contact between certain electrical harnesses and the hatrack
rod that could cause chafing between the harnesses and surrounding
structure. This proposed AD would require modifying the routing of
certain electrical harnesses. We are proposing this AD to prevent
chafing and possible short circuit of two oxygen chemical generator
containers in different wiring routes, which could result in
malfunction of the electrical opening of all the containers connected
to these routes. Such conditions, during a sudden depressurization
event, could result in lack of oxygen and consequent injuries to
airplane occupants.

DATES: We must receive comments on this proposed AD by April 28, 2014

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 45 80; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0140; or in person at the Docket Operations office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0140;
Directorate Identifier 2013-NM-176-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any

personal information you provide. We will also post a report
summarizing each substantive verbal contact we receive about this
proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2013-0196, dated August 28, 2013 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    On the production line, electrical harnesses 1523VB and 1524VB
have been found in contact with hatrack rod at Frame (FR) 53.7
between stringers (STR) 14 and 15. It was concluded that there is a
risk of chaffing between these harnesses and the surrounding
structure, which could lead to a short circuit on two oxygen
chemical generator containers in different wiring routes.
Consequently, the electrical opening of all the containers connected
to these routes would not be possible, resulting in a malfunction of
up to two thirds of the affected containers.
    This condition, if not corrected, could lead, in case of a
sudden depressurization event, to lack of oxygen supply, possibly
resulting in injuries to aeroplane occupants.
    To address this potential unsafe condition, Airbus developed two
modifications of the routing of the affected harnesses.
    For the reasons described above, this [EASA] AD requires
modification of the routing of harnesses 1523VB and 1524VB.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No.
FAA-2014-0140.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletins A330-92-3098 and
A340-92-4084, dated January 11, 2013. The actions described in this
service information are intended to correct the unsafe condition
identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Costs of Compliance

    We estimate that this proposed AD affects 51 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
            Action                    Labor cost          Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Modification..................  6 work-hours x $85     Up to $1,057....  Up to $1,567....  Up to $79,917.
                                 per hour = $510.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect 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.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Airbus: Docket No. FAA-2014-0140; Directorate Identifier 2013-NM-
176-AD.

(a) Comments Due Date

    We must receive comments by April 28, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs
(c)(1) and (c)(2) of this AD, certificated in any category.
    (1) Model A330-201, -202, -203, -223, -243, -301, -302, -303, -
321, -322, -323, -341, -342, and -343 airplanes, all manufacturer
serial numbers, on which Airbus Modification 48825 has been embodied
in production; except for airplanes on which Airbus Modification
52485, 40161, or 201669 has been embodied.

    (2) Model A340-211, -212, -213, -311, -312, and -313 airplanes,
all manufacturer serial numbers, on which Airbus Modification
48825D42865 has been embodied in production; except for airplanes on
which Airbus Modification 55606 or 40161 has been embodied.

(d) Subject

    Air Transport Association (ATA) of America Code 92.

(e) Reason

    This AD was prompted by a report of contact between certain
electrical harnesses and the hatrack rod that could cause chafing
between the harnesses and surrounding structure. We are issuing this
AD to prevent chafing and possible short circuit of two oxygen
chemical generator containers in different wiring routes, which
could result in malfunction of the electrical opening of all the
containers connected to these routes. Such conditions, during a
sudden depressurization event, could result in lack of oxygen and
consequent injuries to airplane occupants.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Modification

    Within 24 months after the effective date of this AD: Modify the
routing of electrical harnesses 1523VB on the left-hand side and
1524VB on the right-hand side, at the level of the door 3 area
between frames 53.6 and 53.8, and between stringers 14 and 15, in
accordance with the Accomplishment Instructions of Airbus Mandatory
Service Bulletin A330-92-3098 or A340-92-4084, both dated January
11, 2013, as applicable.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer, use these actions if they
are FAA-approved. Corrective actions are considered FAA-approved if
they were approved by the State of Design Authority (or its
delegated agent, or by the DAH with a State of Design Authority's
design organization approval). For a repair method to be approved,
the repair approval must specifically refer to this AD. You are
required to ensure the product is airworthy before it is returned to
service.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency (EASA) Airworthiness
Directive 2013-0196, dated August 28, 2013, for related information.
This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No.
FAA-2014-0140.
    (2) For service information identified in this AD, contact
Airbus, SAS Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet http://www.airbus.com. You may view this service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on February 28, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-05424 Filed 3-11-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 16, 2006 (Volume 71, Number 221)]
[Notices]
[Page 66760]
[DOCID:fr16no06-51]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER07-34-000]

Plains End II, LLC; Notice of Issuance of Order

November 8, 2006.
    Plains End II, LLC (Plains End II) filed an application for market-
based rate authority, with an accompanying rate schedule. The proposed
market-based rate schedule provides for the sale of energy and capacity
at market-based rates. Plains End II also requested waivers of various
Commission regulations. In particular, Plains End II requested that the
Commission grant blanket approval under 18 CFR Part 34 of all future
issuances of securities and assumptions of liability by Plains End II.
    On November 3, 2006, pursuant to delegated authority, the Director,
Division of Tariffs and Market Development--West, granted the requests
for blanket approval under Part 34. The Director's order also stated
that the Commission would publish a separate notice in the Federal
Register establishing a period of time for the filing of protests.
Accordingly, any person desiring to be heard or to protest the blanket
approvals of issuances of securities or assumptions of liability by
Plains End II should file a motion to intervene or protest with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214
(2004).
    Notice is hereby given that the deadline for filing motions to
intervene or protest is December 4, 2006.
    Absent a request to be heard in opposition by the deadline above,
Plains End II is authorized to issue securities and assume obligations
or liabilities as a guarantor, indorser, surety, or otherwise in
respect of any security of another person; provided that such issuance
or assumption is for some lawful object within the corporate purposes
of Plains End II, compatible with the public interest, and is
reasonably necessary or appropriate for such purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of Plains End II's issuance of securities or
assumptions of liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the internet in lieu of paper. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Magalie R. Salas,
Secretary.
[FR Doc. E6-19328 Filed 11-15-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 136 (Tuesday, July 16, 2013)]
[Notices]
[Pages 42513-42514]
[FR Doc No: 2013-16998]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP13-507-000; PF12-20-000]

Northwest Pipeline GP; Notice of Application

    Take notice that on June 25, 2013, Northwest Pipeline GP
(Northwest), 295 Chipeta Way, Salt Lake City, Utah 84108, filed in
Docket No. CP13-507-000 an abbreviated application under sections 7(b)
and 7(c) of the Natural Gas Act (NGA) and Part 157 of the Commission's
regulations, seeking a certificate of public convenience and necessity
to grant abandonment authorizations and issue a certificate authorizing
Northwest to construct and operate its Washington Expansion Project
(Project). The Project consists of: (i) Ten segments totaling
approximately 140 miles of 36-inch-diameter pipeline on Northwest's
existing system between Sumas and Woodland, Washington; (ii) additional
compression totaling 89,620 horsepower at five existing compressor
stations between Sumas and Woodland; (iii) metering facilities in
Whatcom County, Washington; and (iv) miscellaneous appurtenances, all
as more fully set forth in the application which is on file with the
Commission and open to public inspection. Copies of this filing are
available for review at the Commission in the Public Reference Room, or
may be viewed on the Commission's Web site web at http://www.ferc.gov
using the ``eLibrary'' link. Enter the docket number excluding the last
three digits in the docket number field to access the document. For
assistance, contact FERC at<EMAIL_ADDRESS>or call toll-
free,<PHONE_NUMBER> or TTY,<PHONE_NUMBER>.
    The Project is designed to transport approximately 750,000
dekatherms per day of natural gas from Northwest's Sumas Meter Station
to serve LNG Development Company, LLC (d/b/a Oregon LNG) (Oregon LNG)
via an interconnect with Oregon Pipeline Company, LLC's proposed
project filed with the Commission in Docket Nos. CP09-6-001 and CP09-7-
001 on June 7, 2013, as well as to provide natural gas to growing
markets in the state of Washington.
    Questions regarding this application should be directed to Pam
Barnes, Project Manager--Certificates at<PHONE_NUMBER>, Northwest
Pipeline GP, 295 Chipeta Way, Salt Lake City, Utah 84108.
    On July 16, 2012, the Commission staff granted Northwest's request
to utilize the Pre-Filing Process and assigned Docket No. PF12-20 to
staff activities involved with Northwest's project. Now, as of the
filing of the application on June 25, 2013, the Pre-Filing Process for
this project has ended. From this time forward, this proceeding will be
conducted in Docket No. CP13-507-000, as noted in the caption of this
Notice.
    Furthermore, all e-Subscribers to PF12-20-000 received
automatically generated email stating that your e-Subscription to
Docket No. PF12-20-000 has also been assigned to Docket No. CP13-507-
000, which includes all sub-docket numbers. The applicant has filed an
application with the Commission in the new Docket No. CP13-507, which
again includes all sub-docket numbers. The pre-filing Docket No. PF12-
20 is now closed but will remain part of the record for this project.
All future activity will be in the CP docket and you will continue to
receive eSubscription emails for submittals and issuances in this
proceeding, including any that may be filed under Docket No. PF12-20.
    Because the Washington Expansion Project is a necessary part of the
Oregon LNG bi-directional Terminal and Pipeline Project, the Commission
will prepare a single Environmental Impact Statement (EIS) addressing
both projects in order to comply with the National Environmental Policy
Act (NEPA) of 1969. Pursuant to section 157.9 of the Commission's
rules, 18 CFR 57.9, and to ensure compliance with the NEPA, 42 USC
Sec.  4321-4347, the Commission staff will issue a Notice of Schedule
for Environmental Review within 90 days of the date of this Notice. The
Notice of Schedule for Environmental Review will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final EIS for the proposal. The Notice will also alert other
agencies of the requirement to complete necessary reviews and
authorizations within 90 days of the date of issuance of the Commission
staff's final EIS.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, before the
comment date of this notice, file with the Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426, a motion to
intervene in accordance with the requirements of the Commission's Rules
of Practice and Procedure (18 CFR 385.214 or 385.211) and the
Regulations under the NGA (18 CFR 157.10). A person obtaining party
status will be placed on the service list maintained by the Secretary
of the Commission and will receive copies of all documents filed by the
applicant and by all other parties. A party must submit 14 copies of
filings made with the Commission and must mail a copy to the applicant
and to every other party in the proceeding. Only parties to the
proceeding can ask for court review of Commission orders in the
proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (www.ferc.gov) under the ``e-Filing'' link. Persons unable to file
electronically should submit an original and 5 copies of the protest or
intervention to the Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426.
    Comment Date: 5:00 p.m. Eastern Time on August 12, 2013.

    Dated: July 10, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-16998 Filed 7-15-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Rules and Regulations]
[Pages 63736-63743]
[FR Doc No: 2012-25386]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0388; FRL-9738-2]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Prevention of Significant Deterioration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is granting full approval of revisions to the West
Virginia State Implementation Plan (SIP), submitted by the State of
West Virginia through the West Virginia Department of Environmental
Protection (WVDEP) on August 31, 2011, with the exception of the narrow
issue of the requirement to include condensable emissions of
particulate matter (condensables) in the definition of ``regulated NSR
pollutant'' in the State's Prevention of Significant Deterioration
(PSD) program. These revisions pertaining to West Virginia's PSD
program incorporate preconstruction permitting regulations for fine
particulate matter (PM2.5) and Greenhouse Gases (GHGs) into
the West Virginia SIP. In light of a comment received on the July 31,
2012 proposed rule, EPA is reviewing West Virginia State Rule 45CSR14
to determine the extent to which its definition of ``regulated NSR
pollutant'' satisfies the corresponding Federal definition, and will
address this issue in a separate action. In addition, EPA is granting
full approval of the PSD portions of other related infrastructure
submissions required by the Clean Air Act (CAA) which are necessary to
implement, maintain, and enforce the 1997 PM2.5 and ozone
National Ambient Air Quality Standards (NAAQS), the 2006
PM2.5 NAAQS, and the 2008 lead and ozone NAAQS, with the
exception of the narrow issue of the requirement to include
condensables in the definition of ``regulated NSR pollutant.'' EPA will
address this issue in a separate action. EPA is granting approval of
these revisions in accordance with the requirements of the CAA.

DATES: This final rule is effective on November 16, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2012-0388. All documents in the docket are listed in
the 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 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, 601 57th Street SE.,
Charleston, West Virginia 25304.

FOR FURTHER INFORMATION CONTACT: Michael Gordon,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On July 31, 2012 (77 FR 45302), EPA proposed approval of amendments
to the PSD permitting regulations under West Virginia State Rule
45CSR14, Permits for Construction and Major Modification of Major
Stationary Sources of Air Pollution for the Prevention of Significant
Deterioration, submitted by the WVDEP as a SIP revision on August 31,
2011. The August 31, 2011 SIP revision submitted by West Virginia
generally pertains to two Federal rulemaking actions. The first is the
``Implementation of the New Source Review (NSR) Program for Particulate
Matter less than 2.5 Micrometers (PM2.5)'' (NSR
PM2.5 Rule), which was promulgated on May 16, 2008 (73 FR
28321). The second is the ``Prevention of Significant Deterioration and
Title V Greenhouse Gas Tailoring Rule'' (Tailoring Rule), which was
promulgated on June 3, 2010 (75 FR 31514). In addition to the August
31, 2011 SIP submission, EPA also proposed to approve those portions of
previous SIP submissions from WVDEP which address the PSD-related
requirements set forth in CAA section 110(a)(2)(D)(i)(II) for the 1997
PM2.5 NAAQS, 1997 8-hour ozone NAAQS, 2006 PM2.5
NAAQS, 2008 lead NAAQS, and 2008 ozone NAAQS, as well as CAA section
110(a)(2)(C) and (J) for the 2008 lead NAAQS and 2008 ozone NAAQS.
These previous SIP submissions, submitted by West Virginia to satisfy
the PSD-related provisions found in CAA section 110(a)(2) are referred
to as infrastructure SIP submissions. All of these State submittals, as
well as technical support documents (TSDs) in support of the proposed
and final actions are included in the docket. The July 31, 2012 notice
of proposed rulemaking (NPR) and its supporting TSD contain detailed
discussions of the West Virginia SIP submissions, their relationship to
the CAA and the Federal regulatory PSD SIP requirements of 40 CFR part
51.166 applicable as of the time of the August 31, 2011 submittal, as
well as the PSD-related infrastructure requirements in CAA section
110(a)(2), and EPA's rationale for its proposed action; therefore,
those discussions will not be restated here. A summary of the comments
received and EPA's responses are provided in Section II of this
document.

II. Public Comments and EPA's Responses

    EPA received comments on the July 31, 2012 proposal to approve West
Virginia's revisions to its SIP's PSD permitting requirements and to
approve portions of infrastructure submissions relating to West
Virginia's PSD permit program. The portions of the infrastructure
submittals at issue relate to the PSD requirements of CAA sections
110(a)(2)(C), (D)(i)(II) and (J) for the 2008 lead NAAQS and the 2008
ozone NAAQS, and CAA sections 110(a)(2)(D)(i)(II) for the 1997
PM2.5 NAAQS, 1997 ozone NAAQS, and the 2006 PM2.5
NAAQS. A summary of those comments and EPA's responses are as follows:
    Comment: A commenter raises issues regarding the current economy in
the State of West Virginia and contends that Federal air pollution
requirements imposed since the 1970s have resulted in the economic
decline in the Northern Panhandle.
    Response: EPA thanks the commenter for the submittal. For purposes
of background, EPA is acting on SIP submissions that reflect State law
in effect at the time of the submittals. The commenter has not raised
any specific issue relating to the proposed approval of West Virginia's
SIP submittals at issue in this rulemaking process. Nor has the
commenter given any indication of what action they would prefer EPA to
take on West Virginia's SIP submittals. Therefore, EPA views this
comment as being not relevant to EPA's proposed action and EPA does not
have any obligation to respond to this general and unrelated comment.
See Sherley v. Sebellius, 776 F. Supp. 2d 1, 53-54 (D.D.C. 2011)
(stating Federal agency must only respond to significant comments
relevant to an agency's decision); Conference of State Bank Supervisors
v. Office of Thrift Supervision, 792 F. Supp. 837, 846 (D.D.C. 1992)
(finding agencies need only respond to significant comments under the
Administrative Procedure Act).
    Comment: EPA cannot approve the infrastructure SIPs because the
significant emissions rates in the SIP and other de minimis exceptions
are arbitrary and capricious with regard to the 2008 ozone and lead
NAAQS.
    EPA's Response: EPA disagrees with the commenter that we cannot
approve the infrastructure SIPs because the significant emissions rates
and other de minimis exceptions are arbitrary and capricious. The
purpose of this rulemaking is to take action on West Virginia's SIP
revision submittals based upon their consistency with Federal
regulations. The significant emissions applicability levels of 0.6 tons
per year (TPY) for lead and 40 tons TPY for VOCs and for NOX
required by West Virginia's PSD permitting regulations mirror the
Federal requirements found at 40 CFR 51.166(b)(23)(i) and 40 CFR
52.21(b)(23)(i). West Virginia's proposed SIP revision satisfies the
obligation that its SIP's PSD regulation meet 40 CFR 51.166(b)(23)(i).
In fact, West Virginia's regulatory language mirrors the Federal
counterpart language. Therefore, EPA has no basis to disapprove West
Virginia's regulatory language and require West Virginia to meet an
alternative standard which EPA has not established through the required
administrative rulemaking process. West Virginia is not required to
revise the significant emissions rates in question unless and until EPA
revises the Federal requirements at 40 CFR 51.166(b)(23)(i) and 40 CFR
52.21(b)(23)(i). For these reasons, EPA disagrees with the commenter's
assertion that the significant emissions applicability thresholds in
the West Virginia SIP's PSD regulation are arbitrary and capricious
with regard to the 2008 ozone and lead NAAQS.
    Comment: One commenter objects to the EPA's proposed approval of
the State's infrastructure SIP submissions for the 1997 and 2006
PM2.5 and the 1997 and 2008 8-hour ozone and the 2008 lead
NAAQS on the grounds that ``EPA has promulgated increments for
PM2.5. See 75 FR 64,864 (Oct. 20, 2010).

However, the proposed West Virginia SIP does not include these
increments even though the increments became applicable on October 12,
2011 * * *. Therefore EPA cannot approve the West Virginia
Infrastructure SIP regarding the PSD elements for PM2.5.''
\1\ The commenter argues that ``(s)tates are required to include these
increments in their SIPs before EPA can fully-approve an infrastructure
submission.'' However, the commenter also acknowledges that the States
had until July 20, 2012 to amend their SIPs to address the
PM2.5 increments required by the requirements of the 2010
PM2.5 NSR/PSD Rule. With respect to this July 20, 2012
deadline, the commenter asserts that because the proposed rule at issue
was published in the Federal Register on July 31, 2012, the proposed
rule was published after the deadline by which States were required to
submit SIP revisions in compliance with the 2010 PM2.5 NSR/
PSD Rule. Therefore, as of the date that the proposed rule was
published in the Federal Register (July 31, 2012), the PM2.5
increments were required to be included in West Virginia's SIP in order
for West Virginia to meet the PSD requirements of sections
110(a)(2)(C), (D)(i)(II) and (J) of the CAA.
---------------------------------------------------------------------------

    \1\ The commenter is referring to a separate rulemaking action
by EPA: ``Prevention of Significant Deterioration (PSD) for
Particulate Matter Less Than 2.5 Micrometers (PM2.5)--
Increments, Significant Impact Levels (SILs) and Significant
Monitoring Concentration (SMC),'' 75 FR 64864 (Oct. 20, 2010). This
collateral rulemaking concerned various issues relevant to
PM2.5 and PSD, including increments, significant impact
levels, and a significant monitoring concentration. This rule will
be referred to herein as the ``2010 PM2.5 NSR/PSD Rule.''
---------------------------------------------------------------------------

    In addition to the above assertions, the commenter sets forth three
reasons why EPA should not approve the specific CAA 110(a)(2) SIPs
without first ensuring that West Virginia's SIP includes the
PM2.5 increments set forth at 40 CFR Sec.  51.166(c): (1)
EPA should not allow proposed major sources in West Virginia ``to avoid
PSD requirements like PM2.5 increments, while proposed major
sources in other states * * * have to comply with this requirement'';
(2) because EPA has proposed approval of the PSD requirements of CAA
110(a)(2) for the 2008 ozone and lead NAAQS, EPA will not have another
opportunity to ``revisit this issue of lack of PM2.5
increments''; and (3) because emissions of PM2.5 and its
precursors have negative effects on public health and welfare, EPA's
full approval of West Virginia's infrastructure SIPs ``would cause
innocent people to be killed by illegal PM2.5 emissions.''
The commenter concludes by stating that: ``EPA must disapprove the PSD
elements of the Infrastructure SIPs for failure to include the
PM2.5 increments. In the alternative, EPA could grant a
conditional approval if West Virginia agrees to adopt the
PM2.5 increments into its SIP within one year.''
    Response: EPA disagrees with the commenter that we cannot approve
this SIP submission without inclusion of increments. The commenter
asserts that the EPA should now disapprove the West Virginia
infrastructure SIP because, since the date of EPA's proposal, the
deadline for the submission of a SIP revision addressing the
PM2.5 increments has passed. However, pursuant to the 2010
PM2.5 NSR/PSD Rule and CAA section 166(b), States were not
required to submit a revised SIP addressing the PM2.5
increments until July 20, 2012. EPA proposed action on the West
Virginia infrastructure SIP in a notice signed on July 18, 2012.\2\
Therefore, on the date that the proposed rule was signed by the
Regional Administrator, the PM2.5 increments were not
required to be included in the West Virginia SIP in order for West
Virginia to meet the PSD requirements of CAA sections 110(a)(2)(C),
(D)(i)(II) and (J) of the Act.\3\
---------------------------------------------------------------------------

    \2\ Although the notice was published by the Federal Register on
July 31, 2012, the notice was signed by the Regional Administrator
on July 18, 2012, before the statutory deadline for submission of
the SIP revision addressing the PM2.5 increments.
    \3\ The commenter cites to a rulemaking in Region 5 wherein EPA
proposed to narrowly disapprove a Michigan SIP to the extent that it
failed to address the requirement to account for PM2.5
precursors in the State's PSD program. That rulemaking, however,
addressed requirements from the 2008 PM2.5 NSR
Implementation Rule for which the deadline for States to revise
their SIPs had passed more than a year prior at the time of
proposal. See 77 Fed. Reg. 45,992 (Aug. 2, 2012). In this case, the
deadline for West Virginia to revise its SIP to address
PM2.5 increments had not passed at the time of proposal.
---------------------------------------------------------------------------

    The commenter's concerns relate to the timing of EPA action on
collateral, yet related, SIP submissions. These concerns highlight an
important overarching question that the EPA has to confront when
assessing the various infrastructure SIP submittals addressed in the
proposed rule: how to proceed when the timing and sequencing of
multiple related SIP submissions impact the ability of the State and
the EPA to address certain substantive issues in the infrastructure SIP
submission in a reasonable fashion.
    It is appropriate for the EPA to take into consideration the timing
and sequence of related SIP submissions as part of determining what it
is reasonable to expect a State to have addressed in an infrastructure
SIP submission for a NAAQS at the time when the EPA acts on such
submission. The EPA has historically interpreted section 110(a)(2)(C),
section 110(a)(2)(D)(i)(II), and section 110(a)(2)(J) to require the
EPA to assess a State's infrastructure SIP submission with respect to
the then-applicable and Federally enforceable PSD regulations required
to be included in a State's SIP at the time EPA takes action on the
SIP. However, the EPA does not consider it reasonable to interpret
section 110(a)(2)(C), section 110(a)(2)(D)(i)(II), and section
110(a)(2)(J) to require the EPA to propose to disapprove a State's
infrastructure SIP submissions because the State had not yet, at the
time of proposal, made a submission that was not yet due for the 2010
PM2.5 NSR/PSD Rule. To adopt a different approach by which
the EPA could not act on an infrastructure SIP, or at least could not
approve an infrastructure SIP, whenever there was any impending
revision to the SIP required by another collateral rulemaking action
would result in regulatory gridlock and make it impracticable or
impossible for EPA to act on infrastructure SIPs if EPA is in the
process of revising collateral PSD regulations. The EPA believes that
such an outcome would be an unreasonable reading of the statutory
process for the infrastructure SIPs contemplated in section 110(a)(1)
and (2).
    The EPA acknowledges that it is important that these additional PSD
program revisions be evaluated and approved into the State's SIP in
accordance with the CAA. In fact, West Virginia made the submission
required by the 2010 PM2.5 NSR/PSD Rule on June 12, 2010,
and the EPA therefore intends to address the PM2.5
increments in a subsequent rulemaking. EPA also acknowledges the
commenter's concern about the potential for sources not being evaluated
with respect to increments during the interim period while new PSD
program revisions are being evaluated. However, EPA notes that it is
implicit in the SIP processing procedures under CAA section 110(k) and
the timing of notice and comment rulemaking that there will often be
interim periods during which a State has adopted and submitted a new
State law requirement in order to meet a CAA requirement, but the EPA
will not yet have acted upon it to make it a Federally enforceable part
of the State's SIP.
    Moreover, major sources in West Virginia are subject to the
PM2.5 increments pursuant to the version of the regulation,
45CSR14, currently in effect in West Virginia. Because the regulations
relating to PM2.5 increments are currently effective and
enforceable

as a matter of State law, as of June 1, 2012, the EPA in the interim
believes that proposed major sources in West Virginia are being
required as a matter of State law to comply with the PSD requirements
like PM2.5 increments and thus that these sources are not
being treated differently under State law than similar sources in other
States that have approved SIP revisions that include the increments.
The only distinction between West Virginia and the other States
identified by the commenter is that those other States submitted their
SIP revisions addressing the PM2.5 increments far enough in
advance of EPA's action on the States' infrastructure SIPs to begin the
administrative rulemaking process for such SIP revisions. Thus, the EPA
does not believe that approving the State's infrastructure SIP
submissions at this time will lead to major sources in West Virginia
being treated differently than similar sources in the other States as a
factual matter. If the commenter determines that sources are not being
evaluated in accordance with applicable State law requirements during
the interim before EPA acts on a later SIP submission, those concerns
can be addressed in the State's permitting process.
    The EPA shares the commenter's concerns that emissions of
PM2.5 and its precursors have negative effects on public
health and welfare. However, EPA has no basis on which to find that
EPA's approval of West Virginia's infrastructure SIPs ``would cause
innocent people to be killed by illegal PM2.5 emissions.''
As explained above, the State is addressing PM2.5 increments
in the version of 45CSR14 currently adopted pursuant to State
regulatory requirements. West Virginia made the SIP submission required
by the 2010 PM2.5 NSR/PSD Rule to reflect that its PSD
permitting program now includes PM2.5 increments as required
by the 2010 PM2.5 NSR/PSD Rule. EPA will be acting on that
submission in a separate rulemaking action in accordance with section
110(k). Until such time as EPA evaluates West Virginia's submission and
takes the necessary rulemaking actions, EPA notes the fact that the
revisions have been made and are currently enforceable for purposes of
State law.
    Finally, EPA has considered the suggestion that, rather than
approving the State's infrastructure SIPs, the EPA ``could grant a
conditional approval'' of the infrastructure SIPs if West Virginia
agrees to adopt the PM2.5 increments as required by the 2010
PM2.5 NSR/PSD Rule into its SIP within one year.
    The EPA interprets the commenter's suggestion that EPA grant
``conditional approval'' of the State's infrastructure SIP submissions
to be a reference to the concept of conditional approval under section
110(k)(4). The EPA considered the commenter's suggestion as a means of
addressing the SIP submission timing issue, but EPA is constrained by
the provisions of the statute. Section 110(k)(4), under the rubric of
``conditional approval,'' explicitly authorizes EPA to approve a SIP
submission ``based on a commitment of the State to adopt specific
enforceable measures by a date certain, but not later than 1 year after
the date of approval of the plan revision.'' Courts have confirmed that
conditional approvals are an available course of action under section
110(k), but only if the statutory conditions for such conditional
approvals can be met.
    Based on the specific language of section 110(k)(4), EPA concludes
that it would not be appropriate to use the mechanism of a conditional
approval in this action on the West Virginia PSD-related infrastructure
SIP submissions. The statute clearly contemplates use of this approach
when a State has made a commitment to make a submission in the future
that meets the statutory criteria. In this instance, however, on June
12, 2012, West Virginia submitted the SIP revision required by the 2010
PM2.5 NSR/PSD Rule. Therefore, the EPA does not believe that
it is appropriate to use the mechanism of a conditional approval in
these circumstances.
    Comment: EPA cannot approve the infrastructure SIPs because West
Virginia's SIP does not clearly regulate condensable direct
PM2.5.
    Response: The 2008 NSR PM2.5 Rule changed the Federal
definition of ``regulated NSR pollutant,'' found at 40 CFR
51.166(b)(49)(vi) to require that States account for condensable
emissions of particulate matter (condensables) in issuing NSR permits.
In light of this comment, EPA is reviewing West Virginia State Rule
45CSR14 to determine the extent to which its definition of ``regulated
NSR pollutant'' satisfies the requirements of section 51.166(b)(49)(vi)
insofar as it applies to particulate matter. For this reason, EPA is
deferring taking action on the definition of ``regulated NSR
pollutant'' in section 2.66 of West Virginia State Rule 45CSR14 with
regard to the requirement to account for condensables. EPA will address
this issue in a separate rulemaking action.

III. Final Actions

    EPA is fully approving WVDEP's August 31, 2011 submittal, except
for the narrow issue of the requirement to include condensable
emissions of particulate matter in the definition of ``regulated NSR
pollutant'' found at 45CSR14 section 2.66. Except for this narrow
issue, EPA is approving all other portions of the submittal, including
but not limited to, the remainder of section 2.66. In approving West
Virginia State Rule 45CSR14 with regard to all other CAA and Federal
regulatory SIP requirements for PSD applicable as of the August 31,
2011 SIP revision submission date, EPA is acknowledging that it meets
the ``Prevention of Significant Deterioration and Title V Greenhouse
Gas Tailoring Rule'' (Tailoring Rule), which was promulgated on June 3,
2010 (75 FR 31514). EPA is also approving those portions of West
Virginia's SIP submissions dated December 3, 2007, December 11, 2007,
April 3, 2008, October 1, 2009, October 26, 2011, and February 17, 2012
which address the PSD-related requirements set forth in CAA section
110(a)(2)(D)(i)(II) for the 1997 PM2.5 NAAQS, 1997 8-hour
ozone NAAQS, 2006 PM2.5 NAAQS, 2008 lead NAAQS, and 2008
ozone NAAQS, as well as CAA section 110(a)(2)(C) and (J) for the 2008
lead NAAQS and 2008 ozone NAAQS, except for the narrow issue of the
requirement to include condensable emissions of particulate matter in
the definition of ``regulated NSR pollutant'' found at 45CSR14 section
2.66.
    EPA is not finalizing its proposed approval of WVDEP's August 31,
2011 submittal with respect to the narrow issue of the requirement to
include condensable emissions of particulate matter in the definition
of ``regulated NSR pollutant'' found at 45CSR14 section 2.66.
Additionally, EPA is not finalizing its proposed approval of WVDEP's
SIP submissions dated December 3, 2007, December 11, 2007, April 3,
2008, October 1, 2009, October 26, 2011, and February 17, 2012
submitted to meet the PSD-related infrastructure SIP obligations set
forth at CAA sections 110(a)(2)(C), (D)(i)(II) and (J) with respect to
the narrow issue of the requirement to include condensable emissions of
particulate matter in the definition of ``regulated NSR pollutant''
found at 45CSR14 section 2.66. EPA will address these issues in a
separate action.

IV. Statutory and Executive Order Reviews

A. General Requirements

    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,
except as noted in this document, 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 et seq.);
     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.);
     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).

In addition, this rule 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 EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.

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 action 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by [Insert date 60 days from date of
publication of this document in the Federal Register]. 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 on the West Virginia SIP PSD
provisions 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.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: September 27, 2012.
W. C. Early,
Acting Regional Administrator, Region III.

    40 CFR Part 52 is amended as follows:

PART 52--[AMENDED]

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,
0
a. The table in paragraph (c) is amended by revising the entries for
[45 CSR] Series 14 regarding Permits for Construction and Major
Modification of Major Stationary Sources of Air Pollution for the
Prevention of Significant Deterioration.
0
b. The table in paragraph (e) is amended by:
    i. Revising the entries regarding the Section 110(a)(2) PSD-related
Infrastructure Requirements for the 1997 8-Hour Ozone NAAQS, the 1997
PM2.5 NAAQS, the 2006 PM2.5 NAAQS, the 2008 Lead
NAAQS, and the 2008 ozone NAAQS.
    ii. Adding at the end of the table an entry regarding the Section
110(a)(2) PSD-related Infrastructure Requirements 110(a)(2)(C),
(D)(i)(II), and (J) for the 2008 8-Hour Ozone NAAQS.
    The revisions and addition read as follows:

Sec.  52.2520  Identification of plan.

* * * * *
    (c) * * *

                                EPA-Approved Regulations in the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
                                                          State                          Additional explanation/
State citation [Chapter 16-20 or     Title/subject      effective    EPA approval date      citation at 40 CFR
            45 CSR ]                                       date                                  52.2565
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
[45CSR] Series 14 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution
 for the Prevention of Significant Deterioration
----------------------------------------------------------------------------------------------------------------

Section 45-14-1.................  General............      6/16/11  10/17/12 [Insert
                                                                     page number where
                                                                     the document
                                                                     begins].
Section 45-14-2.................  Definitions........      6/16/11  10/17/12 [Insert     1. Inclusion of PM2.5
                                                                     page number where    significant emissions
                                                                     the document         rates and precursors
                                                                     begins].             and GHG provisions.
                                                                                2. Taking no action on
                                                                                the definition of
                                                                                ``regulated NSR
                                                                                pollutant'' found at
                                                                                45CSR14 section 2.66.
                                                                                only as it relates to
                                                                                the requirement to
                                                                                include condensable
                                                                                emissions of
                                                                                particulate matter in
                                                                                that definition. See
                                                                                Sec.   52.2522(i).
Section 45-14-3.................  Applicability......      6/16/11  10/17/12 [Insert
                                                                     page number where
                                                                     the document
                                                                     begins].
Section 45-14-4.................  Ambient Air Quality      6/16/11  10/17/12 [Insert     .......................
                                   Increments and                    page number where
                                   Ceilings.                         the document
                                                                     begins].
Section 45-14-5.................  Area Classification      6/16/11  10/17/12 [Insert
                                                                     page number where
                                                                     the document
                                                                     begins].
Section 45-14-6.................  Prohibition of           6/16/11  10/17/12 [Insert
                                   Dispersion                        page number where
                                   Enhancement                       the document
                                   Techniques.                       begins].
Section 45-14-7.................  Registration,            6/16/11  10/17/12 [Insert
                                   Report and Permit                 page number where
                                   Requirements for                  the document
                                   Major Stationary                  begins].
                                   Sources and Major
                                   Modifications.
Section 45-14-8.................  Requirements             6/16/11  10/17/12 [Insert
                                   Relating to                       page number where
                                   Control Technology.               the document
                                                                     begins].
Section 45-14-9.................  Requirements             6/16/11  10/17/12 [Insert
                                   Relating to the                   page number where
                                   Source's Impact on                the document
                                   Air Quality.                      begins].
Section 45-14-10................  Modeling                 6/16/11  10/17/12 [Insert
                                   Requirements.                     page number where
                                                                     the document
                                                                     begins].
Section 45-14-11................  Air Quality              6/16/11  10/17/12 [Insert
                                   Monitoring                        page number where
                                   Requirements.                     the document
                                                                     begins].
Section 45-14-12................  Additional Impacts       6/16/11  10/17/12 [Insert
                                   Analysis                          page number where
                                   Requirements.                     the document
                                                                     begins].
Section 45-14-13................  Additional               6/16/11  10/17/12 [Insert
                                   Requirements and                  page number where
                                   Variances for                     the document
                                   Source Impacting                  begins].
                                   Federal Class 1
                                   Areas.
Section 45-14-14................  Procedures for           6/16/11  10/17/12 [Insert
                                   Sources Employing                 page number where
                                   Innovative Control                the document
                                   Technology.                       begins].
Section 45-14-15................  Exclusions From          6/16/11  10/17/12 [Insert
                                   Increment                         page number where
                                   Consumption.                      the document
                                                                     begins].
Section 45-14-16................  Specific Exemptions      6/16/11  10/17/12 [Insert
                                                                     page number where
                                                                     the document
                                                                     begins].
Section 45-14-17................  Public Review            6/16/11  10/17/12 [Insert
                                   Procedures.                       page number where
                                                                     the document
                                                                     begins].
Section 45-14-18................  Public Meetings....      6/16/11  10/17/12 [Insert
                                                                     page number where
                                                                     the document
                                                                     begins].
Section 45-14-19................  Permit Transfer,         6/16/11  10/17/12 [Insert
                                   Cancellation and                  page number where
                                   Responsibility.                   the document
                                                                     begins].
Section 45-14-20................  Disposition of           6/16/11  10/17/12 [Insert
                                   Permits.                          page number where
                                                                     the document
                                                                     begins].

Section 45-14-21................  Conflict with Other      6/16/11  10/17/12 [Insert
                                   Permitting Rules.                 page number where
                                                                     the document
                                                                     begins].
Section 45-14-25................  Actual PALs........      6/16/11  10/17/12 [Insert
                                                                     page number where
                                                                     the document
                                                                     begins].
Section 45-14-26................  Inconsistency            6/16/11  10/17/12 [Insert
                                   Between Rules.                    page number where
                                                                     the document
                                                                     begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                   Applicable
  Name of  non-regulatory  SIP     geographic     State  submittal date    EPA approval date      Additional
            revision                  area                                                        explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 110(a)(2) Infrastructure    Statewide   12/3/07, 5/21/08          8/4/11, 76 FR,      This action
 Requirements for the 1997 8-                                              47062.              addresses the
 Hour Ozone NAAQS.                                                                             following CAA
                                                                                elements or
                                                                                portions thereof:
                                                                                110(a)(2)(A),
                                                                                (B), (C),
                                                                                (D)(ii), (E),
                                                                                (F), (G), (H),
                                                                                (J), (K), (L),
                                                                                and (M).
                                                12/3/07, 12/11/07, 8/31/  10/17/12 [Insert    Approval of the
                                                 11                        page number where   following PSD-
                                                                           the document        related elements
                                                                           begins].            or portions
                                                                                thereof:
                                                                                110(a)(2)(D)(i)(I
                                                                                I), except taking
                                                                                no action on the
                                                                                definition of
                                                                                ``regulated NSR
                                                                                pollutant'' found
                                                                                at 45CSR14
                                                                                section 2.66 only
                                                                                as it relates to
                                                                                the requirement
                                                                                to include
                                                                                condensable
                                                                                emissions of
                                                                                particulate
                                                                                matter in that
                                                                                definition. See
                                                                                Sec.
                                                                                52.2522(i).
Section 110(a)(2) Infrastructure    Statewide   4/3/08, 5/21/08, 7/9/08,  8/4/11, 76 FR,      This action
 Requirements for the 1997 PM2.5                 3/18/10                   47062.              addresses the
 NAAQS.                                                                                following CAA
                                                                                elements or
                                                                                portions thereof:
                                                                                110(a)(2)(A),
                                                                                (B), (C),
                                                                                (D)(ii), (E),
                                                                                (F), (G), (H),
                                                                                (J), (K), (L),
                                                                                and (M).
                                                12/11/07, 4/3/08, 8/31/   10/17/12 [Insert    Approval of the
                                                 11                        page number where   following PSD-
                                                                           the document        related elements
                                                                           begins].            or portions
                                                                                thereof:
                                                                                110(a)(2)(D)(i)(I
                                                                                I), except taking
                                                                                no action on the
                                                                                definition of
                                                                                ``regulated NSR
                                                                                pollutant'' found
                                                                                at 45CSR14
                                                                                section 2.66 only
                                                                                as it relates to
                                                                                the requirement
                                                                                to include
                                                                                condensable
                                                                                emissions of
                                                                                particulate
                                                                                matter in that
                                                                                definition. See
                                                                                Sec.
                                                                                52.2522(i).
Section 110(a)(2) Infrastructure    Statewide   10/1/09, 3/18/10          8/4/11, 76 FR,      This action
 Requirements for the 2006 PM2.5                                           47062.              addresses the
 NAAQS.                                                                                following CAA
                                                                                elements or
                                                                                portions thereof:
                                                                                110(a)(2)(A),
                                                                                (B), (C),
                                                                                (D)(ii), (E),
                                                                                (F), (G), (H),
                                                                                (J), (K), (L),
                                                                                and (M).
                                                10/1/09, 8/31/11          10/17/12 [Insert    Approval of the
                                                                           page number where   following PSD-
                                                                           the document        related elements
                                                                           begins].            or portions
                                                                                thereof:
                                                                                110(a)(2)(D)(i)(I
                                                                                I), except taking
                                                                                no action on the
                                                                                definition of
                                                                                ``regulated NSR
                                                                                pollutant'' found
                                                                                at 45CSR14
                                                                                section 2.66 only
                                                                                as it relates to
                                                                                the requirement
                                                                                to include
                                                                                condensable
                                                                                emissions of
                                                                                particulate
                                                                                matter in that
                                                                                definition. See
                                                                                Sec.
                                                                                52.2522(i).

                                                  * * * * * * *
Section 110(a)(2) Infrastructure    Statewide   10/26/11                  9/10/12, 77 FR,     This action
 Requirements for the 2008 Lead                                            55417.              addresses the
 NAAQS.                                                                                following CAA
                                                                                elements:
                                                                                110(a)(2)(A),
                                                                                (B), (C), (D),
                                                                                (E), (F), (G),
                                                                                (H), (J), (K),
                                                                                (L), and (M), or
                                                                                portions thereof.
                                                8/31/11, 10/26/11         10/17/12 [Insert    Approval of the
                                                                           page number where   following
                                                                           the document        elements or
                                                                           begins].            portions thereof:
                                                                                110(a)(2)(C),
                                                                                (D)(i)(II), and
                                                                                (J), except
                                                                                taking no action
                                                                                on the definition
                                                                                of ``regulated
                                                                                NSR pollutant''
                                                                                found at 45CSR14
                                                                                section 2.66 only
                                                                                as it relates to
                                                                                the requirement
                                                                                to include
                                                                                condensable
                                                                                emissions of
                                                                                particulate
                                                                                matter in that
                                                                                definition. See
                                                                                Sec.
                                                                                52.2522(i).

Section 110(a)(2) Infrastructure    Statewide   8/31/11, 2/17/12          10/17/12 [Insert    Approval of the
 Requirements for the 2008 8-                                              page number where   following PSD-
 Hour Ozone NAAQS.                                                         the document        related elements
                                                                           begins].            or portions
                                                                                thereof:
                                                                                110(a)(2)(C),
                                                                                (D)(i)(II), and
                                                                                (J), except
                                                                                taking no action
                                                                                on the definition
                                                                                of ``regulated
                                                                                NSR pollutant''
                                                                                found at 45CSR14
                                                                                section 2.66 only
                                                                                as it relates to
                                                                                the requirement
                                                                                to include
                                                                                condensable
                                                                                emissions of
                                                                                particulate
                                                                                matter in that
                                                                                definition. See
                                                                                Sec.
                                                                                52.2522(i).
----------------------------------------------------------------------------------------------------------------

0
3. In Sec.  52.2522, paragraph (i) is added to read as follows.

Sec.  52.2522  Approval status.

* * * * *
    (i)(1) EPA is fully approving WVDEP's August 31, 2011 submittal,
except for the narrow issue of the requirement to include condensable
emissions of particulate matter in the definition of ``regulated NSR
pollutant'' found at 45CSR14 section 2.66. Except for this narrow
issue, EPA is approving all other portions of the submittal, including
but not limited to, the remainder of section 2.66. In approving West
Virginia State Rule 45CSR14 with regard to all other CAA and Federal
regulatory SIP requirements for PSD applicable as of the August 31,
2011 SIP revision submission date, EPA is acknowledging that it is
consistent with the ``Prevention of Significant Deterioration and Title
V Greenhouse Gas Tailoring Rule'' (Tailoring Rule), which was
promulgated on June 3, 2010 (75 FR 31514). EPA is not finalizing its
proposed approval of WVDEP's August 31, 2011 submittal with respect to
the narrow issue of the requirement to include condensable emissions of
particulate matter in the definition of ``regulated NSR pollutant''
found at 45CSR14 section 2.66. In light of a comment received on its
July 31, 2012 proposed rule (77 FR 45302), EPA is reviewing West
Virginia State Rule 45CSR14 to determine the extent to which its
definition of ``regulated NSR pollutant'' satisfies the corresponding
Federal definition, and will address this issue in a separate action.
    (2) EPA is also approving those portions of West Virginia's SIP
submissions dated December 3, 2007, December 11, 2007, April 3, 2008,
October 1, 2009, October 26, 2011, and February 17, 2012 which address
the PSD-related requirements set forth in CAA section
110(a)(2)(D)(i)(II) for the 1997 PM2.5 NAAQS, 1997 8-hour
ozone NAAQS, 2006 PM2.5 NAAQS, 2008 lead NAAQS, and 2008
ozone NAAQS, as well as CAA Section 110(a)(2)(C) and (J) for the 2008
lead NAAQS and 2008 ozone NAAQS, except for the narrow issue of the
requirement to include condensable emissions of particulate matter in
the definition of ``regulated NSR pollutant'' found at 45CSR14 section
2.66. EPA is not finalizing its July 31, 2012 proposed approval (77 FR
45302) of WVDEP's SIP submissions dated December 3, 2007, December 11,
2007, April 3, 2008, October 1, 2009, October 26, 2011, and February
17, 2012 submitted to meet the PSD-related infrastructure SIP
obligations set forth at CAA sections 110(a)(2)(C), (D)(i)(II) and (J)
with respect to the narrow issue of the requirement to include
condensable emissions of particulate matter in the definition of
``regulated NSR pollutant'' found at 45CSR14 section 2.66. EPA will
address this issue in a separate action.

[FR Doc. 2012-25386 Filed 10-16-12; 8:45 am]
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