Air Plan Approval; West Virginia; 2020 Amendments to West Virginia's Ambient Air Quality Standards, 8727-8729 [2021-02616]

Download as PDF Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS Program (TIP) are consistent with the motor vehicle emissions budget (MVEB) contained in the control strategy SIP revision or maintenance plan (40 CFR 93.101, 93.118, and 93.124). An MVEB is defined as ‘‘that portion of the total allowable emissions defined in the submitted or approved control strategy implementation plan revision or maintenance plan for a certain date for the purpose of meeting reasonable further progress milestones or demonstrating attainment or maintenance of the NAAQS, for any criteria pollutant or its precursors, allocated to highway and transit vehicle use and emissions (40 CFR 93.101).’’ Under the conformity rule, LMP areas may demonstrate conformity without a regional emission analysis (40 CFR 93.109(e)). However, because LMP areas are still maintenance areas, certain aspects of transportation conformity determinations still will be required for transportation plans, programs, and projects. Specifically, for such determination, RTPs, TIPs, and transportation projects still will have to demonstrate that they are fiscally constrained (40 CFR 93.108), meet the criteria for consultation (40 CFR 93.105 and 93.112) and transportation control measure implementation in the conformity rule provisions (40 CFR 93.113). Additionally, conformity determinations for RTPs and TIPs must be determined no less frequently than every four years, and conformity of transportation plan and TIP amendments and transportation projects is demonstrated in accordance with the timing requirements specified in 40 CFR 93.104. In addition, for projects to be approved, they must come from a currently conforming RTP and TIP (40 CFR 93.114 and 93.115). The Erie Area remains under the obligation to meet the applicable conformity requirements for the 1997 ozone NAAQS. III. Proposed Action EPA’s review of PADEP’s February 27, 2020 submittal indicates that it meets all applicable CAA requirements, specifically the requirements of CAA section 175A. EPA is proposing to approve the second maintenance plan for the Erie Area as a revision to the Pennsylvania SIP. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the VerDate Sep<11>2014 16:53 Feb 08, 2021 Jkt 253001 CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because it is not a significant regulatory action under Executive Order 12866. • 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 proposed rulemaking, proposing approval of Pennsylvania’s second maintenance plan for the Erie Area, 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 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 8727 it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Volatile organic compounds. Dated: February 3, 2021. Diana Esher, Acting Regional Administrator, Region III. [FR Doc. 2021–02624 Filed 2–8–21; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2020–0487; FRL–10018– 69–Region 3] Air Plan Approval; West Virginia; 2020 Amendments to West Virginia’s Ambient Air Quality Standards Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of West Virginia. This revision updates West Virginia’s incorporation by reference of EPA’s national ambient air quality standards (NAAQS) and the associated monitoring reference and equivalent methods. This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before March 11, 2021. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R03– OAR–2020–0487 at https:// www.regulations.gov, or via email to Gordon.Mike@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located SUMMARY: E:\FR\FM\09FEP1.SGM 09FEP1 8728 Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Serena Nichols, Planning & Implementation Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, PA 19103. The telephone number is (215) 814– 2053. Ms. Nichols can also be reached via electronic mail at Nichols.Serena@ epa.gov. SUPPLEMENTARY INFORMATION: On June 5, 2020, the West Virginia Department of Environmental Protection (WVDEP) submitted a formal revision to its SIP pertaining to the amendments of Legislative Rule, 45CSR8–Ambient Air Quality Standards. The SIP submittal updates West Virginia’s incorporation by reference of the NAAQS promulgated by EPA and found at 40 CFR part 50 and ambient air monitoring reference methods and equivalent methods promulgated by EPA and found at 40 CFR part 53 into West Virginia’s legislative rules. I. Summary of SIP Revision and EPA Analysis WVDEP has historically chosen to incorporate by reference the Federal NAAQS, found at 40 CFR part 50, and the associated Federal ambient air monitoring reference methods and equivalent methods for these NAAQS found at 40 CFR part 53. When incorporating by reference these Federal regulations, WVDEP has specified that it is incorporating by reference these regulations as they existed on a certain date. The incorporation by reference of the NAAQS that is currently approved in the West Virginia SIP incorporates by reference 40 CFR parts 50 and 53 as they existed on June 1, 2018. West Virginia’s June 5, 2020 SIP revision updates the State’s incorporation by reference of the primary and secondary NAAQS and the ambient air monitoring reference and equivalent methods, found in 40 CFR parts 50 and 53, respectively, as of June 1, 2019. Since the last West Virginia incorporation by reference of June 1, 2018, EPA: (1) Reviewed the primary NAAQS for sulfur oxides (SOX), as required by CAA section 109(d), and retained the current 1-hour and annual VerDate Sep<11>2014 16:53 Feb 08, 2021 Jkt 253001 sulfur dioxide (SO2) NAAQS without revision; (2) designated one new equivalent method for measuring concentrations of ozone in the ambient air; (3) designated one new reference method for measuring concentrations of nitrogen dioxide in ambient air; and (4) designated one new reference method for measuring concentrations of carbon monoxide in ambient air. See 84 FR 9866 (March 18, 2019), 84 FR 11973 (March 29, 2019), 84 FR 50833 (September 26, 2019), and 84 FR 24508 (May 28, 2019). The amendments to the legislative rule include changes to section 45–8–1 (General) and 45–8–3 (Adoption of Standards). The amendments update West Virginia’s incorporation by reference of the primary and secondary NAAQS and the ambient air monitoring reference and equivalent methods from June 1, 2018 to June 1, 2019. West Virginia is incorporating the Federal rules in 40 CFR parts 50 and 53 as they existed on June 1, 2019 into 45–8–1 and 45–8–3. II. Proposed Action EPA is proposing to approve the West Virginia SIP revision of June 5, 2020 updating the incorporation by reference of EPA’s NAAQS and associated ambient air monitoring reference methods and equivalent methods. EPA is soliciting public comments on the update to West Virginia’s incorporation by reference. Please note that EPA is not seeking public comment on the level of the NAAQS which West Virginia incorporated by reference into its regulations. An opportunity for public comment on the level of each individual NAAQS was given when EPA proposed each such NAAQS. Relevant comments will be considered before taking final action. III. Incorporation by Reference In this document, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference 45CSR8, as effective on June 1, 2020. EPA has made, and will continue to make, these materials generally available through https:// www.regulations.gov and at the EPA Region III Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because it is not a ‘‘significant regulatory action’’ under Executive Order 12866. • 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 proposed rulemaking, proposing to approve the West Virginia SIP revision updating its incorporation by reference of EPA’s NAAQS and associated ambient air monitoring reference methods and equivalent methods, does not have tribal implications as specified by Executive E:\FR\FM\09FEP1.SGM 09FEP1 Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Proposed Rules 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. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: February 3, 2021. Diana Esher, Acting Regional Administrator, Region III. [FR Doc. 2021–02616 Filed 2–8–21; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2020–0488; FRL–10017– 25–Region 3] Air Plan Approval; Pennsylvania; 1997 8-Hour Ozone National Ambient Air Quality Standard Second Maintenance Plan for the Clearfield/Indiana Area The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This revision pertains to the Commonwealth’s plan, submitted by the Pennsylvania Department of Environmental Protection (PADEP), for maintaining the 1997 8-hour ozone national ambient air quality standard (NAAQS) (referred to as the ‘‘1997 ozone NAAQS’’) in the Clearfield/ Indiana, Pennsylvania Area. This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before March 11, 2021. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R03– OAR–2020–0488 at https:// www.regulations.gov, or via email to Gordon.Mike@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any khammond on DSKJM1Z7X2PROD with PROPOSALS VerDate Sep<11>2014 16:53 Feb 08, 2021 Jkt 253001 On February 27, 2020, the PADEP submitted a revision to the Pennsylvania SIP to incorporate a plan for maintaining the 1997 ozone NAAQS in the Clearfield/Indiana Area through April 20, 2029, in accordance with CAA section 175A. SUPPLEMENTARY INFORMATION: Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Serena Nichols, Planning & Implementation Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, PA 19103. The telephone number is (215) 814– 2053. Ms. Nichols can also be reached via electronic mail at Nichols.Serena@ epa.gov. I. Background In 1979, under section 109 of the CAA, EPA established primary and secondary NAAQS for ozone at 0.12 parts per million (ppm), averaged over a 1-hour period. 44 FR 8202 (February 8, 1979). On July 18, 1997 (62 FR 38856),1 EPA revised the primary and secondary NAAQS for ozone to set the acceptable level of ozone in the ambient air at 0.08 ppm, averaged over an 8-hour period. EPA set the 1997 ozone NAAQS based on scientific evidence demonstrating that ozone causes adverse health effects at lower concentrations and over longer periods of time than was understood when the 1 In March 2008, EPA completed another review of the primary and secondary ozone standards and tightened them further by lowering the level for both to 0.075 ppm. 73 FR 16436 (March 27, 2008). Additionally, in October 2015, EPA completed a review of the primary and secondary ozone standards and tightened them by lowering the level for both to 0.70 ppm. 80 FR 65292 (October 26, 2015). PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 8729 pre-existing 1-hour ozone NAAQS was set. Following promulgation of a new or revised NAAQS, EPA is required by the CAA to designate areas throughout the nation as attaining or not attaining the NAAQS. On April 30, 2004 (69 FR 23858), EPA designated the Clearfield/ Indiana Area as nonattainment for the 1997 ozone NAAQS. The Clearfield/ Indiana Area consists of Clearfield and Indiana Counties in Pennsylvania. Once a nonattainment area has three years of complete and certified air quality data that has been determined to attain the NAAQS, and the area has met the other criteria outlined in CAA section 107(d)(3)(E),2 the state can submit a request to EPA to redesignate the area to attainment. Areas that have been redesignated by EPA from nonattainment to attainment are referred to as ‘‘maintenance areas.’’ One of the criteria for redesignation is to have an approved maintenance plan under CAA section 175A. The maintenance plan must demonstrate that the area will continue to maintain the standard for the period extending 10 years after redesignation, and it must contain such additional measures as necessary to ensure maintenance as well as contingency measures as necessary to assure that violations of the standard will be promptly corrected. On March 19, 2009 (74 FR 11674), EPA approved a redesignation request (and maintenance plan) from PADEP for the Clearfield/Indiana Area. In accordance with section 175A(b), at the end of the eighth year after the effective date of the redesignation, the state must also submit a second maintenance plan to ensure ongoing maintenance of the standard for an additional 10 years. EPA’s final implementation rule for the 2008 ozone NAAQS revoked the 1997 ozone NAAQS and provided that one consequence of revocation was that areas that had been redesignated to attainment (i.e., maintenance areas) for the 1997 ozone NAAQS no longer needed to submit second 10-year maintenance plans under CAA section 175A(b).3 However, in South Coast Air Quality Management District v. EPA 4 (South Coast II), the United States Court of Appeals for the District of Columbia (D.C. Circuit) vacated EPA’s 2 The requirements of CAA section 107(d)(3)(E) include attainment of the NAAQS, full approval under section 110(k) of the applicable SIP, determination that improvement in air quality is a result of permanent and enforceable reductions in emissions, demonstration that the state has met all applicable section 110 and part D requirements, and a fully approved maintenance plan under CAA section 175A. 3 See 80 FR 12315 (March 6, 2015). 4 882 F.3d 1138 (D.C. Cir. 2018). E:\FR\FM\09FEP1.SGM 09FEP1

Agencies

[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Proposed Rules]
[Pages 8727-8729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02616]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0487; FRL-10018-69-Region 3]


Air Plan Approval; West Virginia; 2020 Amendments to West 
Virginia's Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
State of West Virginia. This revision updates West Virginia's 
incorporation by reference of EPA's national ambient air quality 
standards (NAAQS) and the associated monitoring reference and 
equivalent methods. This action is being taken under the Clean Air Act 
(CAA).

DATES: Written comments must be received on or before March 11, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2020-0487 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located

[[Page 8728]]

outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section. 
For the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Serena Nichols, Planning & 
Implementation Branch (3AD30), Air & Radiation Division, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, PA 19103. The telephone number is (215) 814-2053. Ms. 
Nichols can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: On June 5, 2020, the West Virginia 
Department of Environmental Protection (WVDEP) submitted a formal 
revision to its SIP pertaining to the amendments of Legislative Rule, 
45CSR8-Ambient Air Quality Standards. The SIP submittal updates West 
Virginia's incorporation by reference of the NAAQS promulgated by EPA 
and found at 40 CFR part 50 and ambient air monitoring reference 
methods and equivalent methods promulgated by EPA and found at 40 CFR 
part 53 into West Virginia's legislative rules.

I. Summary of SIP Revision and EPA Analysis

    WVDEP has historically chosen to incorporate by reference the 
Federal NAAQS, found at 40 CFR part 50, and the associated Federal 
ambient air monitoring reference methods and equivalent methods for 
these NAAQS found at 40 CFR part 53. When incorporating by reference 
these Federal regulations, WVDEP has specified that it is incorporating 
by reference these regulations as they existed on a certain date. The 
incorporation by reference of the NAAQS that is currently approved in 
the West Virginia SIP incorporates by reference 40 CFR parts 50 and 53 
as they existed on June 1, 2018. West Virginia's June 5, 2020 SIP 
revision updates the State's incorporation by reference of the primary 
and secondary NAAQS and the ambient air monitoring reference and 
equivalent methods, found in 40 CFR parts 50 and 53, respectively, as 
of June 1, 2019. Since the last West Virginia incorporation by 
reference of June 1, 2018, EPA: (1) Reviewed the primary NAAQS for 
sulfur oxides (SOX), as required by CAA section 109(d), and 
retained the current 1-hour and annual sulfur dioxide (SO2) 
NAAQS without revision; (2) designated one new equivalent method for 
measuring concentrations of ozone in the ambient air; (3) designated 
one new reference method for measuring concentrations of nitrogen 
dioxide in ambient air; and (4) designated one new reference method for 
measuring concentrations of carbon monoxide in ambient air. See 84 FR 
9866 (March 18, 2019), 84 FR 11973 (March 29, 2019), 84 FR 50833 
(September 26, 2019), and 84 FR 24508 (May 28, 2019).
    The amendments to the legislative rule include changes to section 
45-8-1 (General) and 45-8-3 (Adoption of Standards). The amendments 
update West Virginia's incorporation by reference of the primary and 
secondary NAAQS and the ambient air monitoring reference and equivalent 
methods from June 1, 2018 to June 1, 2019. West Virginia is 
incorporating the Federal rules in 40 CFR parts 50 and 53 as they 
existed on June 1, 2019 into 45-8-1 and 45-8-3.

II. Proposed Action

    EPA is proposing to approve the West Virginia SIP revision of June 
5, 2020 updating the incorporation by reference of EPA's NAAQS and 
associated ambient air monitoring reference methods and equivalent 
methods. EPA is soliciting public comments on the update to West 
Virginia's incorporation by reference. Please note that EPA is not 
seeking public comment on the level of the NAAQS which West Virginia 
incorporated by reference into its regulations. An opportunity for 
public comment on the level of each individual NAAQS was given when EPA 
proposed each such NAAQS. Relevant comments will be considered before 
taking final action.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference 45CSR8, as effective on June 1, 2020. EPA has made, and will 
continue to make, these materials generally available through https://www.regulations.gov and at the EPA Region III Office (please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because it is not a ``significant regulatory 
action'' under Executive Order 12866.
     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 proposed rulemaking, proposing to approve the 
West Virginia SIP revision updating its incorporation by reference of 
EPA's NAAQS and associated ambient air monitoring reference methods and 
equivalent methods, does not have tribal implications as specified by 
Executive

[[Page 8729]]

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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: February 3, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021-02616 Filed 2-8-21; 8:45 am]
BILLING CODE 6560-50-P
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