FR 2021-02616

The proposed rule by the Environmental Protection Agency (EPA) seeks to update West Virginia's State Implementation Plan (SIP) with recent changes to the National Ambient Air Quality Standards (NAAQS) and associated monitoring methods. These changes encompass updates made between June 2018 and June 2019, enhancing the state's ability to monitor pollutants such as sulfur oxides, ozone, nitrogen dioxide, and carbon monoxide. This proposal, made under the Clean Air Act, invites public comments, albeit not on the specific levels of the NAAQS determined in prior decisions.

Summary of Document

The document outlines the approval process for a SIP revision by the State of West Virginia. This revision updates West Virginia's incorporation by reference of the EPA's NAAQS and the related monitoring methods. The updates aim to align state regulations with federal standards as they stood on June 1, 2019. The updates facilitate the use of new reference methods to enhance accuracy in measuring pollutants.

Significant Issues and Concerns

One concern is the lack of detailed cost implications of implementing the SIP revision. This information could provide insight into whether the potential expenditures are justified or point towards areas where costs might be excessive. Another issue is the document's limited analysis of local impacts. It primarily addresses federal compliance but lacks specifics on how these changes might affect businesses or communities within West Virginia.

Moreover, the document relies heavily on legal citations and references, such as specific Code of Federal Regulations (CFR) parts and Executive Orders, which might be challenging for individuals unfamiliar with environmental law to comprehend. Although it stresses that there are no additional requirements beyond state law, it does not delve into how effective the current state law is at meeting air quality objectives.

Impact on the Public

Broadly, the document proposes regulatory updates that aim to keep West Virginia aligned with federal air quality standards. This alignment helps ensure that residents benefit from consistent air quality controls, potentially leading to improved public health and environmental conditions. However, without clarity on implementation costs, the public might be left uncertain about possible financial implications for local government agencies and, indirectly, for taxpayers.

Impact on Specific Stakeholders

For local businesses, the proposed rule could imply adjustments or investments necessary to meet updated air quality standards. These changes are not detailed, leaving businesses potentially unaware of the specific operational impacts. Additionally, small entities might be concerned about the economic impact, even though the rule is certified as not having a significant effect in this regard.

Environmental advocacy groups may view the incorporation of updated air quality standards positively, as this could result in stricter pollution controls and better air quality. Meanwhile, there is no direct effect on tribal governments, as the rule does not apply to Indian country in West Virginia.

In conclusion, while the proposal to update West Virginia's SIP adheres to federal requirements and aims to standardize air quality measures, the ambiguous cost implications and potential local impacts could be areas of concern for stakeholders involved.