Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Proposed Rules 8727 

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 

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 

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 

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 

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 


khammond on DSKJM1Z7X2PROD with PROPOSALS
8728 Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Proposed Rules 

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 

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 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Proposed Rules 8729 

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). 

2The 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. 

3See 80 FR 12315 (March 6, 2015). 

4 882 F.3d 1138 (D.C. Cir. 2018). 

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 

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 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 

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. 

SUPPLEMENTARY INFORMATION: 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. 

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 

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 


khammond on DSKJM1Z7X2PROD with PROPOSALS