[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.

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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

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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

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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]
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