FR 2021-02623

Overview

Title

Air Plan Approval; West Virginia; 1997 8-Hour Ozone National Ambient Air Quality Standard Second Maintenance Plan for the West Virginia Portion for the Charleston, West Virginia Area Comprising Kanawha and Putnam Counties

Agencies

ELI5 AI

The EPA has said "yes" to West Virginia's plan to keep the air clean in a place called the Charleston Area, which covers two counties. This means the air there should stay safe for people to breathe.

Summary AI

The Environmental Protection Agency (EPA) has approved a revision to West Virginia's state implementation plan (SIP) for maintaining air quality with respect to the 1997 8-hour ozone standard in the Charleston Area, covering Kanawha and Putnam Counties. This final rule follows a review of the plan submitted by the West Virginia Department of Environmental Protection and considers public comments on the proposed rule. EPA determined that West Virginia's plan meets required criteria and will help ensure continued compliance with national air quality standards. The rule becomes effective on March 25, 2021.

Abstract

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the West Virginia Department of Environmental Protection (WVDEP) of the State of West Virginia. This revision pertains to West Virginia's plan for maintaining the 1997 8-hour ozone national ambient air quality standard (NAAQS) for the Charleston Area (comprising Kanawha and Putnam Counties). The EPA is approving these revisions to the West Virginia SIP in accordance with the requirements of the Clean Air Act (CAA).

Type: Rule
Citation: 86 FR 10827
Document #: 2021-02623
Date:
Volume: 86
Pages: 10827-10831

AnalysisAI

A Summary of the Approval Document

The document outlines a decision by the Environmental Protection Agency (EPA) approving a plan from West Virginia for maintaining air quality standards regarding ozone levels in the Charleston Area, which includes Kanawha and Putnam Counties. This approval is part of the state's obligation to ensure air quality meets national standards and follows a thorough review that included public commentary. The rule will become effective on March 25, 2021, signifying a commitment to ongoing air quality management in the area.

Concerns and Issues Raised by the Document

The document is detailed and technical, referencing legal cases and regulations that might be challenging for the general public to follow. Key issues include the use of previously vacated rules in the maintenance plan and the reliance on complex air quality modeling and past environmental policies. The document notes concerns from commenters about the validity and applicability of the models and rules used to project future air quality. Additionally, the approval process and regulatory language assume a high level of familiarity with environmental law, possibly limiting public comprehension.

Impact on the General Public

The approval of this plan aims to ensure that residents in the Charleston Area continue to benefit from air meeting federal ozone quality standards. Positively, this could mean healthier living conditions, as maintaining lower levels of ozone pollution can reduce health risks associated with poor air quality, such as respiratory issues. The EPA's decision reinforces the government's commitment to protecting public health and the environment through controlled and monitored air quality standards.

Stakeholder Impact

The primary stakeholders are residents of the Kanawha and Putnam Counties; they stand to benefit from ongoing improvements in air quality. However, the document's reliance on rules that have previously been contested or partially vacated by courts could introduce uncertainty. This might affect businesses, especially those in industries subject to emissions regulations, as they might face changes in compliance costs or operational requirements. Moreover, environmental groups may view the decision through the lens of transparency and effective science-based policy, potentially raising concerns if they perceive gaps in the methodologies used for maintaining air quality standards.

Overall, while the document signifies forward steps in environmental regulation and public health, clearer communication might enhance understanding among all parties, enabling broader public engagement and consensus.

Issues

  • • The document contains technical language and references to specific legal cases and regulations that may be difficult for the general public to understand.

  • • The document refers to materials not publicly available, including confidential business information and possibly copyrighted material, which may limit transparency.

  • • The response to comments section addresses complex legal and scientific dialogues that could benefit from simplification for clarity.

  • • The document relies heavily on references to past regulations, case law, and technical documents, assuming a level of prior knowledge not available to all readers.

  • • There is ambiguity regarding the impact of vacated rules on the current approval process, as noted in the comment responses.

  • • The document does not address potential small-scale effects on local stakeholders aside from broad environmental and air quality impacts.

Statistics

Size

Pages: 5
Words: 4,608
Sentences: 134
Entities: 482

Language

Nouns: 1,480
Verbs: 364
Adjectives: 240
Adverbs: 87
Numbers: 268

Complexity

Average Token Length:
4.87
Average Sentence Length:
34.39
Token Entropy:
5.85
Readability (ARI):
22.50

Reading Time

about 18 minutes