12270 Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Rules and Regulations 

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. 

B. Submission to Congress and the 

Comptroller General 

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. EPA will submit a 

report containing this action 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. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. 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 3, 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 pertaining to West 

Virginia’s limited maintenance plan for 

the Huntington Area, comprising Cabell 

and Wayne Counties 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, Nitrogen dioxide, Ozone, 

Volatile organic compounds. 

Dated: February 18, 2021. 

Diana Esher, 

Acting Regional Administrator, Region III. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 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 XX—West Virginia 

■ 2. In § 52.2520, the table in paragraph 

(e) is amended by adding an entry for 

‘‘1997 8-Hour Ozone National Ambient 

Air Quality Standard Second 

Maintenance Plan for the West Virginia 

Portion of the Huntington-Ashland, WVKY Area Comprising Cabell and Wayne 

Counties’’ at the end of the table to read 

as follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP revision Applicable geographic area State submittal date EPA approval date Additional 

explanation 

*******

1997 8-Hour Ozone National Ambient Air 

Quality Standard Second Maintenance 

Plan for the West Virginia Portion of 

the Huntington-Ashland, WV-KY Area 

Comprising Cabell and Wayne Counties.

Huntington-Ashland WVKY, West Virginia Area 

Comprising Cabell and 

Wayne Counties.

12/10/19 3/3/21, [insert Federal 

Register citation].

[FR Doc. 2021–04107 Filed 3–2–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0388; FRL–10020– 

89–Region 5] 

Air Plan Approval; Ohio; Base Year 

Emission Inventories and Emissions 

Statement Rule Certification for the 

2015 Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving, under the 

Clean Air Act (CAA), a revision to the 

State Implementation Plan (SIP) 

submitted by the Ohio Environmental 

Protection Agency on July 24, 2020. The 

CAA establishes emission inventory 

requirements for all ozone 

nonattainment areas. The revision 

addresses the emission inventory 

requirements for the Cleveland, Ohio 

(OH) ozone nonattainment area and the 

Ohio portion of the Cincinnati, OhioKentucky (Cincinnati) ozone 

nonattainment area, as designated under 

the 2015 ozone National Ambient Air 

Quality Standard (NAAQS or standard). 

EPA is also confirming that Ohio’s 

stationary annual emissions statement 

regulation, which has been previously 

approved by EPA under a prior ozone 

standard, satisfies the CAA emissions 

statement rule requirement for the 

Cleveland and Cincinnati 

nonattainment areas under the 2015 

ozone NAAQS. 

DATES: This final rule is effective on 

April 2, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2020–0388. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 either through 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays and 

facility closures due to COVID–19. We 

recommend that you telephone Charles 

Hatten, Environmental Engineer, at 

(312) 886–6031 before visiting the 

Region 5 office. 


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Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Rules and Regulations 12271 

FOR FURTHER INFORMATION CONTACT: 

Charles Hatten, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6031, 

hatten.charles@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. What is being addressed in this 

document? 

This rule approves Ohio’s July 24, 

2020 submission to address the ozonerelated emissions inventory 

requirements and emissions statement 

requirements for the Cleveland and 

Cincinnati ozone nonattainment areas 

for the 2015 ozone NAAQS. An 

explanation of the CAA requirements, a 

detailed analysis of the revisions, and 

EPA’s reasons for proposing approval 

were provided in EPA’s notice of 

proposed rulemaking (NPRM), dated 

November 5, 2020 (85 FR 70554), and 

will not be restated here. 

II. What comments did we receive on 

the proposed rule? 

In the NPRM, EPA provided a 30-day 

review and comment period for the 

proposed rule. The comment period 

ended on December 7, 2020. We 

received no comments on the proposed 

rule. 

III. What action is EPA taking? 

EPA is approving Ohio’s July 24, 2020 

SIP revision as addressing the ozonerelated emission inventory requirements 

for the Cleveland and Cincinnati ozone 

nonattainment areas for the 2015 ozone 

NAAQS. We are approving the emission 

inventories for these areas because they 

contain comprehensive, accurate, and 

current inventories of actual emissions 

of oxides of nitrogen (NOX) and volatile 

organic compounds (VOC) for all 

relevant sources in accordance with 

CAA sections 172(c)(3) and 182(a). We 

are also approving Ohio’s certification 

that the state has an acceptable and 

enforceable stationary annual emission 

statement rule in its SIP for NOX and 

VOC stationary sources in the Cleveland 

and Cincinnati ozone nonattainment 

areas for the 2015 ozone NAAQS, in 

accordance with the CAA section 

182(a)(3)(B). 

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 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); 

• 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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where 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 Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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. EPA will submit a 

report containing this action 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. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 3, 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, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Volatile organic compounds. 

Dated: February 24, 2021. 

Cheryl Newton, 

Acting Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, EPA amends title 40 CFR part 

52 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. 

■ 2. In § 52.1870, the table in paragraph 

(e) is amended under the sub-heading 

Summary of Criteria Pollutant 

Attainment Plans by adding two entries 

for ‘‘Ozone (8-Hour, 2015)’’ before the 

entry ‘‘PM2.5 (2012)’’ to read as follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(e) * * * 


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12272 Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Rules and Regulations 

EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Title 

Applicable 

geographical or 

non-attainment 

area 

State date EPA approval Comments 

*******

Summary of Criteria Pollutant Attainment Plans 

Ozone (8-Hour, 2015) ............. Cincinnati .......... 7/24/2020 3/3/2021, [INSERT Federal 

Register CITATION].

EPA is approving only the 2014 base year 

emissions inventory and emissions statement elements. 

Ozone (8-Hour, 2015) ............. Cleveland ......... 7/24/2020 3/3/2021, [INSERT Federal 

Register CITATION].

EPA is approving only the 2014 base year 

emissions inventory and emissions statement elements. 

* * * * * * * 

* * * * * 

[FR Doc. 2021–04246 Filed 3–2–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 141 

[EPA–HQ–OW–2019–0583; FRL–10019–70– 

OW] 

RIN 2040–AF93 

Announcement of Final Regulatory 

Determinations for Contaminants on 

the Fourth Drinking Water 

Contaminant Candidate List 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Regulatory determinations. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA or Agency) is 

announcing final regulatory 

determinations for eight of the 109 

contaminants listed on the Fourth 

Contaminant Candidate List. 

Specifically, the Agency is making final 

determinations to regulate 

perfluorooctanesulfonic acid (PFOS) 

and perfluorooctanoic acid (PFOA) and 

to not regulate 1,1-dichloroethane, 

acetochlor, methyl bromide 

(bromomethane), metolachlor, 

nitrobenzene, and RDX. The Safe 

Drinking Water Act (SDWA), as 

amended in 1996, requires EPA to make 

regulatory determinations every five 

years on at least five unregulated 

contaminants. A regulatory 

determination is a decision about 

whether or not to begin the process to 

propose and promulgate a national 

primary drinking water regulation for an 

unregulated contaminant. 

DATES: For purposes of judicial review, 

the determinations not to regulate in 

this document are issued as of March 3, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Richard Weisman, Standards and Risk 

Management Division, Office of Ground 

Water and Drinking Water, Office of 

Water (Mail Code 4607M), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460; telephone number: (202) 564– 

2822; email address: weisman.richard@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

These final regulatory determinations 

will not impose any requirements on 

anyone. Instead, this action notifies 

interested parties of EPA’s final 

regulatory determinations for eight 

unregulated contaminants and provides 

a summary of the major comments 

received on the March 10, 2020, 

preliminary determinations (USEPA, 

2020a). 

B. How can I get copies of this document 

and other related information? 

Docket: EPA has established a docket 

for this action under Docket ID No. 

EPA–HQ–OW–2019–0583. Publicly 

available docket materials are available 

either electronically at http://

www.regulations.gov or in hard copy at 

the Water Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave. NW, 

Washington, DC. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the Water Docket is (202) 566–2426. 

Electronic Access: You may access 

this Federal Register document 

electronically from the Government 

Printing Office under the ‘‘Federal 

Register’’ listings at http://

www.gpo.gov/fdsys/browse/ 

collection.action?collectionCode=FR. 

Table of Contents 

I. General Information 

A. Does this action apply to me? 

B. How can I get copies of this document 

and other related information? 

II. Purpose and Background 

A. What is the purpose of this action? 

B. What are the statutory requirements for 

the Contaminant Candidate List (CCL) 

and regulatory determinations? 

C. What contaminants did EPA consider 

for regulation? 

III. What process did EPA use to make the 

regulatory determinations? 

A. How EPA Identified and Evaluated 

Contaminants for the Fourth Regulatory 

Determination 

B. Consideration of Public Comments 

IV. EPA’s Findings on Specific Contaminants 

A. PFOS and PFOA 

1. Description 

2. Agency Findings 

a. Adverse Health Effects 

b. Occurrence 

c. Meaningful Opportunity 

d. Summary of Public Comments on PFOA 

and PFOS and Agency Responses 

3. Considerations for Additional PFAS 

a. Summary of Public Comments on 

Considerations for Additional PFAS and 

Agency Responses 

b. Summary of Public Comments on 

Potential PFAS Monitoring Approaches 

and Agency Responses 

B. 1,1-Dichloroethane 

1. Description 

2. Agency Findings 

a. Adverse Health Effects 

b. Occurrence 

c. Meaningful Opportunity 

d. Summary of Public Comments on 1,1- 

Dichloroethane and Agency Responses 

C. Acetochlor 

1. Description 

2. Agency Findings 

a. Adverse Health Effects 

b. Occurrence 

c. Meaningful Opportunity 

d. Summary of Public Comments on 

Acetochlor and Agency Responses 

D. Methyl Bromide 

1. Description 

2. Agency Findings 


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