10016 Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Rules and Regulations 

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 April 19, 2021. 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 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: February 9, 2021. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

For the reasons set forth in the 

preamble, 40 CFR part 52 is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for Part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart WW—Washington 

■ 2. In § 52.2470, Table 2 in paragraph 

(e) is amended by adding an entry for 

‘‘Interstate Transport for the 2010 SO2

NAAQS’’ immediately below the entry 

‘‘Interstate Transport for the 2015 Ozone 

NAAQS’’ to read as follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(e) * * * 

TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS

Name of SIP provision 

Applicable 

geographic or 

nonattainment area 

State submittal 

date EPA approval date Explanations 

*******

110(a)(2) Infrastructure and Interstate Transport 

*******

Interstate Transport for the 2010 SO2

NAAQS.

Statewide ............... 2/7/2018 2/18/2021, [Insert 

Federal Register 

citation].

This action addresses CAA 

110(a)(2)(D)(i)(I). 

* * * * * * * 

[FR Doc. 2021–03032 Filed 2–17–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2020–0213; FRL–10017– 

20–Region 9] 

Air Plan Approval; California; 

Consumer Products Regulations; 

Correcting Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Correcting amendment. 

SUMMARY: On September 16, 2020, the 

Environmental Protection Agency (EPA) 

issued a final rule titled ‘‘Air Plan 

Approval; California; Consumer 

Products Regulations.’’ That publication 

inadvertently omitted the amendatory 

instructions revising the entries that 

relate to California’s Tables of 

Maximum Incremental Reactivity (MIR) 

Values in the table listing the approved 

State rules in the California state 

implementation plan (SIP). This 

document corrects this omission and 

revises the entries accordingly. 

DATES: This rule is effective on February 

18, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2020–0213. 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: 

Jeffrey Buss, EPA Region IX, 75 

Hawthorne Street, San Francisco, CA 

94105. Phone: (415) 947–4152 or by 

email at buss.jeffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

September 16, 2020 (85 FR 57703), the 

Environmental Protection Agency (EPA) 

issued a final rule titled ‘‘Air Plan 

Approval; California; Consumer 

Products Regulations.’’ That publication 

inadvertently omitted the amendatory 

instruction revising the entries for 

sections 94700 (‘‘MIR Values for 

Compounds’’) and 94701 (‘‘MIR Values 

for Hydrocarbon Solvents’’) of title 17 of 

the California Code of Regulations 

(CCR). This action corrects the omission 

and revises the entries as intended in 

the September 16, 2020 final rule. 

The EPA has determined that this 

action falls under the ‘‘good cause’’ 

exemption in section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation where public notice 

and comment procedures are 

impracticable, unnecessary, or contrary 

to the public interest. Public notice and 

comment for this action is unnecessary 

because the underlying rule for which 


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Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Rules and Regulations 10017 

1 62 FR 27968 (May 22, 1997). 

this correcting amendment has been 

prepared was already subject to a 30-day 

comment period, and this action merely 

adds amendatory instructions that were 

inadvertently omitted in the underlying 

rule. Further, this action is consistent 

with the purpose and rationale of the 

final rule, which is corrected herein. 

Because this action does not change the 

EPA’s analyses or overall actions, no 

purpose would be served by additional 

public notice and comment. 

Consequently, additional public notice 

and comment are unnecessary. 

The EPA also finds that there is good 

cause under APA section 553(d)(3) for 

this correction to become effective on 

the date of publication of this action. 

Section 553(d)(3) of the APA allows an 

effective date of less than 30 days after 

publication ‘‘as otherwise provided by 

the agency for good cause found and 

published with the rule.’’ 5 U.S.C. 

553(d)(3). The purpose of the 30-day 

waiting period prescribed in APA 

section 553(d)(3) is to give affected 

parties a reasonable time to adjust their 

behavior and prepare before the final 

rule takes effect. This rule does not 

create any new regulatory requirements 

such that affected parties would need 

time to prepare before the rule takes 

effect. This action merely adds 

amendatory instructions that were 

inadvertently omitted in a previous 

rulemaking. For these reasons, the EPA 

finds good cause under APA section 

553(d)(3) for this correction to become 

effective on the date of publication of 

this action. 

Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

California rules described in the 

amendments to 40 CFR part 52 set forth 

below. Therefore, these materials have 

been approved by the EPA for inclusion 

in the SIP, have been incorporated by 

reference by the EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of the EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.1 The 

EPA has made, and will continue to 

make, these documents available 

through www.regulations.gov and at the 

EPA Region IX Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Statutory and Executive Order Reviews 

Under Executive Order (E.O.) 12866 

(58 FR 51735, October 4, 1993), this 

action is not a ‘‘significant regulatory 

action’’ and is therefore not subject to 

review by the Office of Management and 

Budget. For this reason, this action is 

also not subject to E.O. 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action is not an E.O. 

13771 (82 FR 9339, February 2, 2017) 

regulatory action because this action is 

not significant under E.O. 12866. 

Because the agency has made a ‘‘good 

cause’’ finding that this action is not 

subject to notice-and-comment 

requirements under the Administrative 

Procedure Act or any other statute as 

indicated in the SUPPLEMENTARY

INFORMATION section above, it is not 

subject to the regulatory flexibility 

provisions of the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.), or to sections 

202 and 205 of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4). In addition, this action does not 

significantly or uniquely affect small 

governments or impose a significant 

intergovernmental mandate, as 

described in sections 203 and 204 of 

UMRA. In addition, the SIP is not 

approved to apply on any Indian 

reservation land or in any other area 

where the EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by E.O. 13175 (65 FR 67249, 

November 9, 2000). This rule will not 

have substantial direct effects on the 

States, on the relationship between the 

National Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of governments, as specified by 

E.O. 13132 (64 FR 43255, August 10, 

1999). This rule also is not subject to 

E.O. 13045 (62 FR 19885, April 23, 

1997), because it is not economically 

significant. This action adding missing 

amendatory instructions does not 

involve technical standards; thus the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. The rule also 

does not involve special consideration 

of environmental justice related issues 

as required by E.O. 12898 (59 FR 7629, 

February 16, 1994). In issuing this rule, 

the EPA has taken the necessary steps 

to eliminate drafting errors and 

ambiguity, minimize potential litigation, 

and provide a clear legal standard for 

affected conduct, as required by section 

3 of E.O. 12988 (61 FR 4729, February 

7, 1996). The EPA has complied with 

E.O. 12630 (53 FR 8859, March 15, 

1998) by examining the takings 

implications of the rule in accordance 

with the ‘‘Attorney General’s 

Supplemental Guidelines for the 

Evaluation of Risk and Avoidance of 

Unanticipated Takings’’ issued under 

the executive order. This rule does not 

impose an information collection 

burden under the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

The Congressional Review Act (5 

U.S.C. 801 et seq.), as added by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. This determination must be 

supported by a brief statement. 5 U.S.C. 

808(2). As stated previously, the EPA 

had made such a good cause finding, 

including the reasons therefore, and 

established an effective date of February 

18, 2021. The EPA will submit a report 

containing this rule and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. This action adding 

missing amendatory instructions is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(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. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: February 5, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 


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10018 Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Rules and Regulations 

1 882 F.3d 1138 (D.C. Cir. 2018). 

2 ‘‘Procedures for Processing Requests to 

Redesignate Areas to Attainment,’’ Memorandum 

from John Calcagni, Director, Air Quality 

Management Division, September 4, 1992 (Calcagni 

Memo). 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. In § 52.220a, amend Table 1 to 

paragraph (c) by revising the entries for 

‘‘94700’’ and ‘‘94701’’ to read as follows: 

§ 52.220a Identification of plan—in part. 

* * * * * 

(c) * * * 

TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1

State citation Title/subject State effective 

date EPA approval date Additional explanation 

*******

Title 17 (Public Health), Division 3 (Air Resources), Chapter 1 (Air Resources Board); Subchapter 8.6 (Maximum Incremental 

Reactivity); Article 1 (Tables of Maximum Incremental Reactivity (MIR) Values) 

94700 ................ MIR Values for Compounds ......... 1/1/2015 2/18/2021, [Insert citation of publication].Submitted by CARB on December 

1, 2016. 

94701 ................ MIR Values for Hydrocarbon Solvents.10/2/2010 2/18/2021, [Insert citation of publication].Submitted by CARB on December 

1, 2016. 

1Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable SIP. Table 2 of paragraph (c) lists 

approved California test procedures, test methods and specifications that are cited in certain regulations listed in table 1. Approved California 

statutes that are nonregulatory or quasi-regulatory are listed in paragraph (e). 

* * * * * 

[FR Doc. 2021–02900 Filed 2–17–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2020–0195; FRL–10020– 

08-Region 3] 

Air Plan Approval; West Virginia; 1997 

8-Hour Ozone National Ambient Air 

Quality Standard Second Maintenance 

Plan for the West Virginia Portion of 

the Steubenville-Weirton, OH-WV Area 

Comprising Brooke and Hancock 

Counties 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision 

submitted by the West Virginia 

Department of Environmental Protection 

(WVDEP) on behalf of the State of West 

Virginia. This revision pertains to the 

West Virginia’s plan for maintaining the 

1997 8-hour ozone national ambient air 

quality standard (NAAQS) for the West 

Virginia portion of the SteubenvilleWeirton, OH-WV area (Weirton Area), 

comprising Brooke and Hancock 

Counties. EPA is approving these 

revisions to the West Virginia SIP in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

March 22, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2020–0195. 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: 

Keila M. Paga ́n-Incle, Planning & 

Implementation Branch (3AD30), Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. The telephone number is (215) 

814–2926. Ms. Paga ́n-Incle can also be 

reached via electronic mail at paganincle.keila@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 29, 2020 (85 FR 38820), EPA 

published a notice of proposed 

rulemaking (NPRM) for the State of 

West Virginia. In the NPRM, EPA 

proposed approval of West Virginia’s 

plan for maintaining the 1997 8-hour 

ozone NAAQS through June 13, 2027, in 

accordance with CAA section 175A. The 

formal SIP revision was submitted by 

WVDEP on December 10, 2019. 

II. Summary of SIP Revision and EPA 

Analysis 

On May 14, 2007 (72 FR 27060, 

effective June 13, 2007), EPA approved 

a redesignation request (and 

maintenance plan) from WVDEP for the 

Weirton Area. Per CAA 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, and in South Coast 

Air Quality Management District v. 

EPA,1 the D.C. Circuit held that this 

requirement cannot be waived for areas, 

like the Weirton Area, that had been 

redesignated to attainment for the 1997 

8-hour ozone NAAQS prior to 

revocation and that were designated 

attainment for the 2008 ozone NAAQS. 

CAA section 175A sets forth the criteria 

for adequate maintenance plans. In 

addition, EPA has published 

longstanding guidance that provides 

further insight on the content of an 

approvable maintenance plan, 

explaining that a maintenance plan 

should address five elements: (1) An 

attainment emissions inventory; (2) a 

maintenance demonstration; (3) a 

commitment for continued air quality 

monitoring; (4) a process for verification 

of continued attainment; and (5) a 

contingency plan.2 WVDEP’s December 

10, 2019 SIP submittal fulfills West 


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