Air Plan Approval; West Virginia; 2020 Amendments to West Virginia's Ambient Air Quality Standards; Correction, 16640-16641 [2022-06127]

Download as PDF 16640 Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Rules and Regulations more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a temporary safety zone that prohibits entry within 500 yards of the motor vessel EVER FORWARD. It is categorically excluded from further review under paragraph L60(d) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. Dated: March 17, 2022. David E. O’Connell, Captain, U.S. Coast Guard, Captain of the Port Sector Maryland-NCR. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: [FR Doc. 2022–06230 Filed 3–23–22; 8:45 am] BILLING CODE 9110–04–P PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 1. The authority citation for part 165 continues to read as follows: [EPA–R03–OAR–2020–0487; FRL–8931–03– R3] Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.2. Air Plan Approval; West Virginia; 2020 Amendments to West Virginia’s Ambient Air Quality Standards; Correction ■ khammond on DSKJM1Z7X2PROD with RULES Chesapeake Bay, within a 500-yard radius of the motor vessel EVER FORWARD during damage assessment and salvage operations. (b) Definitions. As used in this section— Captain of the Port (COTP) means the Commander, U.S. Coast Guard Sector Maryland-National Capital Region. Designated representative means any Coast Guard commissioned, warrant, or petty officer, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Maryland-National Capital Region (COTP) in the enforcement of the safety zone. (c) Regulations. (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. (2) To seek permission to enter, contact the COTP or the COTP’s representative by telephone number 410–576–2693 or on Marine Band Radio VHF–FM channel 16 (156.8 MHz). Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. (d) Enforcement officials. The U.S. Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies. (e) Enforcement period. This section will be enforced from 9 p.m. on March 20, 2022, through 9 p.m. on April 13, 2022. 2. Add § 165.T05–0750 to read as follows: ■ § 165.T05–0750 Safety Zone; Chesapeake Bay, Craighill Channel, MD. (a) Location. The following area is a safety zone: All navigable waters of the VerDate Sep<11>2014 16:07 Mar 23, 2022 Jkt 256001 Environmental Protection Agency (EPA). ACTION: Final rule; correction. AGENCY: The Environmental Protection Agency (EPA) issued a final rule on SUMMARY: PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 September 23, 2021, entitled ‘‘Air Plan Approval; West Virginia; 2020 Amendments to West Virginia’s Ambient Air Quality Standards.’’ This current action corrects an inadvertent error in the DATES section of the final rule by setting an effective date for the state implementation plan (SIP) revision submitted by the State of West Virginia. West Virginia’s revision updated the incorporation by reference of EPA’s national ambient air quality standards (NAAQS) and the associated monitoring reference and equivalent methods. This correction does not change West Virginia’s previously approved incorporation by reference, only the DATES section in the preamble removing the request for comments and replacing it with the effective date assigned to it. DATES: This correction is effective March 24, 2022, and is applicable beginning October 25, 2021. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R03–OAR–2020–0487. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., 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 through https:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. 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 September 23, 2021 (86 FR 52837), EPA published a final rule action announcing our approval of West Virginia’s revision updating the incorporation by reference of EPA’s NAAQS and the associated monitoring reference and equivalent methods. In the document, we inadvertently opened another comment period instead of setting an effective date for the rule. EPA had previously opened a 30-day public comment period for this action in the notice of proposed rulemaking (NPRM) published on February 9, 2021 E:\FR\FM\24MRR1.SGM 24MRR1 Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Rules and Regulations (86 FR 8727) and responded to the comments received in response to the NPRM in the September 23rd final rule, so the provision of another comment period was an error in EPA’s final action. This document corrects the erroneous language. This document has no impact on West Virginia’s incorporation by reference of the NAAQS or the Clean Air Act (CAA) requirements applicable to West Virginia, only the effective date. Need for Correction As published, the September 23, 2021 final rule opens another comment period instead of setting an effective date. Section 553 of the Administrative Procedure Act, 5 U.S.C. 553(b)(B), provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. EPA has determined that there is good cause for making this rule final without another prior proposal and opportunity for comment because, as explained here and in the explanation above, the change to the rule is a minor correction, it is noncontroversial in nature, and does not substantively change the requirements of West Virginia’s incorporation by reference of the NAAQS. Rather, the change sets the necessary effective date of this previously approved SIP revision. Thus, notice and opportunity for public comment are unnecessary. EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(B). khammond on DSKJM1Z7X2PROD with RULES 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 May 23, 2022. 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, approving a correction to the West Virginia SIP revision incorporating by reference the NAAQS that previously appeared in the Federal Register on September 23, 2021 (86 FR 52837), may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) VerDate Sep<11>2014 16:07 Mar 23, 2022 Jkt 256001 List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Correction In the Federal Register of September 23, 2021, 86 FR 52837, correct the DATES to read: DATES: This final rule is effective on October 25, 2021. Dated: March 8, 2022. Diana Esher, Acting Regional Administrator, Region III. [FR Doc. 2022–06127 Filed 3–23–22; 8:45 am] BILLING CODE 6560–50–P 16641 contingent on any Coast Guard determination that a viability testing method is acceptable. DATES: The final policy letter announced in this notification is issued as of February 28, 2022. ADDRESSES: To view the final policy letter, as well as comments mentioned in this notice as being available in the docket, go to https:// www.regulations.gov, type ‘‘USCG– 2019–0477,’’ and click ‘‘Search.’’ To see the final policy letter, click on this notice in the search results, and then click ‘‘View More Documents.’’ To see comments, click on the July 2019 Draft Policy Letter notice in the search results, and then click ‘‘View Related Comments.’’ Mr. Matthew Reudelhuber, Environmental Standards Division, 202–372–1432. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HOMELAND SECURITY Coast Guard Table of Contents for Preamble 46 CFR Part 162 RIN 1625–ZA42 [Docket No. USCG–2019–0477] Final Policy Letter Describing TypeApproval Testing Methods for Ballast Water Management Systems (BWMS) That Render Organisms Nonviable in Ballast Water Coast Guard, DHS. Final policy; notification. AGENCY: ACTION: The Coast Guard announces the availability of the final policy letter that describes type-approval testing methods, and the acceptance process for such methods, for ballast water management systems (BWMS) that render organisms nonviable in ballast water. At this time, the Coast Guard does not accept any type-approval testing methods for ballast water management systems that render organisms in ballast water nonviable (meaning ‘‘permanently incapable of reproduction’’). In consideration of public comments on the draft policy letter, this final policy letter establishes the mechanism for reviewing and integrating viability testing methods into the existing Coast Guard typeapproval testing program. The Coast Guard invites submissions of viability testing methods in accordance with the policy letter at any time following publication. The Coast Guard will review any provided information responsive to the policy letter and enclosure. This final policy letter is subject to revision, in coordination with the Environmental Protection Agency, SUMMARY: PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 I. Abbreviations II. Background III. Summary of Changes From the Draft Policy Letter to the Final Policy Letter IV. Response to Comments V. Periodic Review of Viability Testing Methods VI. Environmental Aspect and Impact Considerations VII. Paperwork Reduction Act VIII. Public Availability of the Final Policy Letter I. Abbreviations BWMS Ballast Water Management System CFR Code of Federal Regulations DHS Department of Homeland Security ETV Environmental Technology Verification Program FR Federal Register IL Independent Laboratory IMO International Maritime Organization MPN Most Probable Number NEPA National Environmental Policy Act U.S.C. United States Code USCG U.S. Coast Guard VIDA Vessel Incidental Discharge Act of 2018 II. Background The Vessel Incidental Discharge Act of 2018 (VIDA) found at Title IX of the Frank LoBiondo Coast Guard Authorization Act of 2018, Public Law 115–282, amended Section 312(p) of the Federal Water Pollution Control Act (33 U.S.C. 1322). Pursuant to 33 U.S.C. 1322(p)(6)(D)(ii), the Coast Guard published a draft policy letter in the Federal Register on July 31, 2019 (84 FR 37330), receiving 38 submissions to the docket. The final policy letter is issued pursuant to 33 U.S.C. 1322(p)(6)(D)(iv))which requires the E:\FR\FM\24MRR1.SGM 24MRR1

Agencies

[Federal Register Volume 87, Number 57 (Thursday, March 24, 2022)]
[Rules and Regulations]
[Pages 16640-16641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06127]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0487; FRL-8931-03-R3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: The Environmental Protection Agency (EPA) issued a final rule 
on September 23, 2021, entitled ``Air Plan Approval; West Virginia; 
2020 Amendments to West Virginia's Ambient Air Quality Standards.'' 
This current action corrects an inadvertent error in the DATES section 
of the final rule by setting an effective date for the state 
implementation plan (SIP) revision submitted by the State of West 
Virginia. West Virginia's revision updated the incorporation by 
reference of EPA's national ambient air quality standards (NAAQS) and 
the associated monitoring reference and equivalent methods. This 
correction does not change West Virginia's previously approved 
incorporation by reference, only the DATES section in the preamble 
removing the request for comments and replacing it with the effective 
date assigned to it.

DATES: This correction is effective March 24, 2022, and is applicable 
beginning October 25, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R03-OAR-2020-0487. All documents in the docket are listed on 
the https://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., 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 through 
https://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

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 September 23, 2021 (86 FR 52837), EPA 
published a final rule action announcing our approval of West 
Virginia's revision updating the incorporation by reference of EPA's 
NAAQS and the associated monitoring reference and equivalent methods. 
In the document, we inadvertently opened another comment period instead 
of setting an effective date for the rule. EPA had previously opened a 
30-day public comment period for this action in the notice of proposed 
rulemaking (NPRM) published on February 9, 2021

[[Page 16641]]

(86 FR 8727) and responded to the comments received in response to the 
NPRM in the September 23rd final rule, so the provision of another 
comment period was an error in EPA's final action. This document 
corrects the erroneous language. This document has no impact on West 
Virginia's incorporation by reference of the NAAQS or the Clean Air Act 
(CAA) requirements applicable to West Virginia, only the effective 
date.

Need for Correction

    As published, the September 23, 2021 final rule opens another 
comment period instead of setting an effective date.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary, or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. EPA has determined that 
there is good cause for making this rule final without another prior 
proposal and opportunity for comment because, as explained here and in 
the explanation above, the change to the rule is a minor correction, it 
is noncontroversial in nature, and does not substantively change the 
requirements of West Virginia's incorporation by reference of the 
NAAQS. Rather, the change sets the necessary effective date of this 
previously approved SIP revision. Thus, notice and opportunity for 
public comment are unnecessary. EPA finds that this constitutes good 
cause under 5 U.S.C. 553(b)(B).

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 May 23, 2022. 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, approving a correction to the West Virginia SIP 
revision incorporating by reference the NAAQS that previously appeared 
in the Federal Register on September 23, 2021 (86 FR 52837), 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, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

Correction

    In the Federal Register of September 23, 2021, 86 FR 52837, correct 
the DATES to read: DATES: This final rule is effective on October 25, 
2021.

    Dated: March 8, 2022.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2022-06127 Filed 3-23-22; 8:45 am]
BILLING CODE 6560-50-P
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