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Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Proposed Rules
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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 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, 45CSR8Ambient Air Quality Standards. The SIP submittal updates West Virginias 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 Virginias 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 Virginias June 5, 2020 SIP revision updates the States 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 109d, and retained the current 1-hour and annual
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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 4581
General and 4583 Adoption of Standards. The amendments update West Virginias 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 4581 and 4583.
II. Proposed Action EPA is proposing to approve the West Virginia SIP revision of June 5, 2020
updating the incorporation by reference of EPAs NAAQS and associated ambient air monitoring reference methods and equivalent methods. EPA
is soliciting public comments on the update to West Virginias 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
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that complies with the provisions of the CAA and applicable Federal regulations.
42 U.S.C. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs 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. 1044;
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 12d 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 EPAs NAAQS and associated ambient air monitoring reference methods and equivalent methods, does not have tribal implications as specified by Executive
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