Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Rules and Regulations 52837 

(2) Calculate as the average of the 

two values of K ̄ at each tested speed 

ratio. 

(3) The following example illustrates 

a calculation of : 

f

 ̄

npum,v=0,1 = f

 ̄

npum,v=0,2 = 1000.0 r/min 

T ̄ pum,v=0,1 = 150.8 N·m 

(g) Create a table of GEM inputs 

showing and at each tested speed 

ratio, v. Express to two decimal places; 

express to one decimal place; express 

v to two decimal places. 

[FR Doc. C1–2021–05306 Filed 9–22–21; 8:45 am] 

BILLING CODE 0099–10–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2020–0487; FRL–8931–02– 

R3] 

Air Plan Approval; West Virginia; 2020 

Amendments to West Virginia’s 

Ambient Air Quality Standards 

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 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 October 25, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R03–OAR–2020–0487. 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: 

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: 

I. Background 

On February 9, 2021 (86 FR 8727), 

EPA published a notice of proposed 

rulemaking (NPRM) for the State of 

West Virginia. In the NPRM, EPA 

proposed approval of a formal SIP 

revision submitted on June 5, 2020. This 

formal SIP revision updates West 

Virginia’s incorporation by reference of 

EPA’s NAAQS and the associated 

monitoring reference and equivalent 

methods. 

II. Summary of SIP Revision and EPA 

Analysis 

West Virginia Department of 

Environmental Protection (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 


lotter on DSK11XQN23PROD with RULES1ER23SE21.007</GPH>

K _ 1000.0 

v=o,1 - 150.8 = 81.43 r/(min · (N. m)o.s) 

1⁄2mn,v=o,2= 150.4 N·m 

K _ 1000.0 v=o,2- 0.4 = 81.54r/(min•(N·m)o.s) 

K =81.43+81.54 v=0 2 = 81.49 r/(min. (N. m)o.s) 
52838 Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Rules and Regulations 

rules in 40 CFR parts 50 and 53 as they 

existed on June 1, 2019 into 45–8–1 and 

45–8–3. Other specific requirements and 

the rationale for EPA’s proposed action 

are explained in the NPRM and will not 

be restated here. 

III. EPA’s Response to Comments 

Received 

EPA received three comments on the 

February 9, 2021 NPRM. One comment 

was supportive of the State’s revision 

while the other two stated that EPA 

should not approve this SIP revision 

and are therefore considered adverse 

comments. All comments received are 

in the docket for this rule. A summary 

of the two adverse comments and EPA’s 

responses are provided herein. 

Comment 1: One commenter claims 

that EPA should disapprove this SIP 

revision because these rules are already 

‘‘in effect and full force.’’ The 

commenter claims ‘‘EPA shouldn’t have 

to keep approving West Virginia’s rules 

into the SIP which incorporate the 

National Ambient Air Quality 

Standards. These West Virginia rules 

stem from the federal EPA’s air 

standards and are already in force 

throughout the state, in fact they are in 

force throughout the entire nation 

regardless of what each individual state 

does.’’ 

Response 1: EPA does not agree that 

the SIP revision should be disapproved 

due to being ‘‘unnecessary.’’ West 

Virginia law allows state agencies, such 

as WVDEP, to incorporate by reference 

federal regulations into the state 

regulations but does not allow those 

state agencies to ‘‘automatically’’ 

incorporate into the state regulations 

any updates to federal standards 

incorporated by reference. That is, if the 

federal regulation that was incorporated 

by reference into the West Virginia 

regulations is changed, the state agency 

must then go through the state 

regulatory amendment process to ensure 

that the changes to the federal 

regulation are also adopted into the state 

regulations. Because EPA is required by 

the Clean Air Act to periodically review 

and revise, if necessary, the NAAQS and 

the regulations associated with the 

NAAQS, such as the ambient 

monitoring requirements, West Virginia 

must re-incorporate by reference the 

NAAQS into the state regulations every 

year to ensure that the NAAQS are up 

to date in the state law, so that they can 

implement their state air pollution 

control program. Following the update 

to the state regulations, the state must 

then submit to EPA a SIP revision 

incorporating the change to the state 

regulations into the SIP. This multi-step 

process to ensure the NAAQS applied in 

West Virginia are current with the 

federal NAAQS, and that the up-to-date 

NAAQS are approved into the West 

Virginia SIP, is the result of West 

Virginia law not providing for 

‘‘automatic’’ update of state regulations 

when federal regulations that are 

incorporated by reference into the state 

regulations are changed. 

Comment 2: The second comment 

from an anonymous party claims ‘‘EPA 

must disapprove West Virginia’s rule for 

adopting the ambient air quality 

standards because of these limitations in 

state law and the requirements of the 

EPA’s National Ambient Air Quality 

Standards.’’ This commenter also asserts 

that this rule conflicts with the NAAQS, 

claiming that ‘‘West Virginia’s 

regulations would provide more 

information on how the state has met its 

ambient air quality standards by 

requiring that coal companies improve 

the air quality in their facilities. There 

is no requirement to provide 

information on how much improved air 

quality is required because the state 

does not have that information. West 

Virginia does not provide a summary of 

those improvements to other states and 

requires coal companies to report these 

improvements to West Virginia’s 

Division of Environmental Management 

(DEM).’’ The commenter also argues that 

‘‘The rule is also potentially 

inconsistent with the EPA’s 

Environmental Justice Guidelines for 

addressing the health effects of air 

pollution, which says that air quality 

and climate change are two separate 

issues. This rule could limit states’ 

ability to consider this double jeopardy 

standard in their rules, making it more 

difficult for a state to comply with its air 

pollution law. West Virginia will have 

to obtain additional information and 

data from other states, which could 

require revisions to the rule, so that it 

may be consistent with the National 

Ambient Air Quality Standards. In the 

final rule, the state must prove that its 

proposed regulations are not 

inconsistent with the National Ambient 

Air Quality Standards because the 

federal standards are just as restrictive 

as the state’s standards and because the 

other state’s regulations do not serve the 

same purposes.’’ 

Response 2: EPA disagrees that this 

plan should be disapproved due to 

alleged limitations in state law or 

potential inconsistencies with 

environmental justice guidelines or the 

NAAQS. The commenter’s intent is 

difficult to discern from the comment. 

The commenter’s initial argument does 

not cite which limitations in state law 

they are concerned about, making it 

difficult to ascertain how the NAAQS 

are at odds with that state law. To the 

extent that the comment is concerned 

about reporting requirements and/or the 

lack of reporting by coal producers, EPA 

is unaware of any conflicts these 

requirements present with the NAAQS. 

Regarding EPA’s environmental justice 

guidelines, the commenter again does 

not explain how this update to the 

NAAQS is inconsistent with the 

environmental justice guidelines, and 

without such an explanation EPA 

cannot assess this claim. Nevertheless, 

EPA does not believe that this plan has 

any inconsistency with the Agency’s 

environmental justice guidelines. 

Finally, commenter’s concern that this 

update to the NAAQS in West Virginia 

law could prevent the state from 

considering the ‘‘double jeopardy 

standard’’ in their rules is also 

unexplained. ‘‘Double jeopardy’’ is a 

concept whereby a person cannot be 

tried twice for the same criminal act, 

and the relevance of this concept to this 

particular revision to West Virginia’s 

SIP is not at all clear. Furthermore, this 

revision does not directly pertain to 

climate change but does adopt a change 

needed to ensure West Virginia can 

work toward ensuring attainment of the 

NAAQS. Therefore, EPA believes that 

this plan revision is consistent with the 

requirements of the Clean Air Act and 

therefore approvable. 

IV. Final Action 

EPA is approving the West Virginia 

SIP revision updating the date of 

incorporation by reference of EPA’s 

NAAQS and the associated monitoring 

reference and equivalent methods. 

V. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of 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). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rule of 

EPA’s approval, and will be 


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Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Rules and Regulations 52839 

1 62 FR 27968 (May 22, 1997). 

incorporated by reference in the next 

update to the SIP compilation.1

VI. Statutory and Executive Order 

Reviews 

A. General Requirements 

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, this rule 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. 

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 November 22, 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, approving the West 

Virginia SIP revision incorporating by 

reference the NAAQS, 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, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Carbon 

monoxide, Sulfur dioxide, Lead, 

Particulate matter, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: September 9, 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 

(c) entitled ‘‘EPA-Approved Regulations 

in the West Virginia SIP’’ is amended by 

revising the entries for ‘‘Section 45–8– 

1’’, ‘‘Section 45–8–2’’, ‘‘Section 45–8–3’’ 

and ‘‘Section 45–8–4’’ under the 

heading ‘‘[45 CSR] Series 8 Ambient Air 

Quality Standards’’ to read as follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP

State citation 

[Chapter 16–20 

or 45 CSR] 

Title/subject 

State 

effective 

date 

EPA approval date 

Additional 

explanation/citation 

at 40 CFR 52.2565 

*******

[45 CSR] Series 8 Ambient Air Quality Standards 

Section 45–8–1 .... General ........................................ 6/1/20 9/23/21, [Insert Federal Register 

citation].

Docket #2020–0487. Filing and 

effective dates are revised. 

Section 45–8–2 .... Definitions .................................... 6/1/20 9/23/21, [Insert Federal Register 

citation].

Docket #2020–0487. Previous 

Approval 2/25/20. 


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52840 Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Rules and Regulations 

EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued 

State citation 

[Chapter 16–20 

or 45 CSR] 

Title/subject 

State 

effective 

date 

EPA approval date 

Additional 

explanation/citation 

at 40 CFR 52.2565 

Section 45–8–3 .... Adoption of Standards ................. 6/1/20 9/23/21, [Insert Federal Register 

citation].

Docket #2020–0487. Effective 

date is revised. 

Section 45–8–4 .... Inconsistency Between Rules ...... 6/1/20 9/23/21, [Insert Federal Register 

citation].

Docket #2020–0487. Previous 

Approval 2/25/20. 

* * * * * * * 

* * * * * 

[FR Doc. 2021–20322 Filed 9–22–21; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 0 and 64 

[EB Docket No. 20–374; FCC 21–75; FR ID 

36061] 

Pallone-Thune Telephone Robocall 

Abuse Criminal Enforcement and 

Deterrence Act (TRACED Act) 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) adopts rules to 

implement the Pallone-Thune 

Telephone Robocall Abuse Criminal 

Enforcement and Deterrence Act 

(TRACED Act) to streamline the process 

by which private entities may submit 

information to the Commission about 

violations of the Communications Act. 

DATES: Effective October 25, 2021. 

FOR FURTHER INFORMATION CONTACT: For 

further information, contact Daniel 

Stepanicich, Attorney, 

Telecommunications Consumers 

Division, Enforcement Bureau, at (202) 

418–7451 or daniel.stepanicich@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, in EB Docket No. 20–374, 

FCC–21–75, adopted and released on 

June 17, 2021. The full text of this 

document is available for public 

inspection online at https://ecfsapi.

fcc.gov/file/06171386503472/FCC-21- 

75A3.pdf. To request this document in 

accessible formats for people with 

disabilities (e.g., Braille, large print, 

electronic files, audio format, etc.) or to 

request reasonable accommodations 

(e.g., accessible format documents, sign 

language interpreters, CART, etc.), send 

an email to fcc504@fcc.gov or call the 

FCC’s Consumer and Governmental 

Affairs Bureau at (202) 418–0530 

(voice), (202) 418–0432 (TTY). 

Synopsis 

1. This Report and Order establishes 

a streamlined process for private entities 

to submit information about unlawful, 

unwanted calls. In the Pallone-Thune 

Telephone Robocall Abuse Criminal 

Enforcement and Deterrence Act 

(TRACED Act), Congress directed the 

Commission to establish regulations to 

create a process that ‘‘streamlines the 

ways in which a private entity may 

voluntarily share with the Commission 

information relating to’’ a call or text 

message that violates prohibitions 

regarding robocalls or spoofing set forth 

section 227(b) and 227(e) of the 

Communications Act of 1934, as 

amended. We adopt rules to establish an 

online web portal where private entities 

may submit information about 

suspected violations of sections 227(b) 

and 227(e). The Commission’s 

Enforcement Bureau (Bureau) will 

monitor the portal. 

2. Section 227 of the Communications 

Act of 1934, as amended (the 

Communications Act), is designed to 

protect consumers from unlawful 

robocalls. Sections 227(b), (c), and (d) 

impose specific requirements on 

telemarketing and prerecorded voice 

message calls to give consumers the 

ability to know who is calling and to 

control the calls they receive. Section 

227(e) prohibits unlawful spoofing—the 

transmission of misleading or inaccurate 

caller ID information with the intent to 

defraud, cause harm, or wrongfully 

obtain anything of value. The 

Commission vigorously enforces 

violations of section 227. 

3. The Commission has a wellestablished process for individual 

consumers to submit complaints about 

unwanted and suspected illegal 

robocalls and spoofed calls: The 

Commission’s informal consumer 

complaint process, which the Consumer 

and Governmental Affairs Bureau 

oversees. We also have a process for 

obtaining information from certain 

public entities: Federal and state law 

enforcement agencies routinely 

coordinate with the Enforcement Bureau 

about robocall and caller ID spoofing 

enforcement and mitigation efforts. In 

addition, public entities often contact 

Enforcement Bureau staff directly about 

robocalling and spoofing matters. 

Against that background, Congress 

directed the Commission to develop a 

streamlined process for private entities 

to submit robocall information to the 

Commission. 

4. Timely and thorough information 

from private entities is crucial to enable 

the Commission to mitigate illegal 

robocall incidents and bring swift 

enforcement actions. Our past robocall 

enforcement actions have relied 

extensively upon information from 

private entities. For example, in two 

enforcement actions, a medical paging 

company was a key source; it informed 

the Bureau that the paging company’s 

phone lines were being bombarded by 

spoofed robocalls. Another enforcement 

action relied extensively on information 

from an industry group, the 

USTelecom’s Industry Traceback Group 

(Traceback Group). 

5. The TRACED Act directs the 

Commission no later than June 30, 2021 

to ‘‘prescribe regulations to establish a 

process that streamlines the ways in 

which a private entity may voluntarily 

share with the Commission information 

relating’’ to violations of section 227(b) 

or 227(e) of the Communications Act. 

We released a Notice of Proposed 

Rulemaking (NPRM) on December 8, 

2020, proposing to establish a 

streamlined process for private entities 

to submit information about robocall 

violations to the Commission. CTIA, 

SAFE Credit Union (SAFE), Twilio, Inc., 

and USTelecom-The Broadband 

Association (USTelecom) filed 

comments. 

6. We amend our rules to establish a 

streamlined process for private entities 

to submit information about violations 

of Sections 227(b) and 227(e) of the Act 

to the Commission. To achieve this 

objective, we direct the Enforcement 

Bureau to create and monitor an online 

portal located on the Commission 


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