Rule2022-06127
Air Plan Approval; West Virginia; 2020 Amendments to West Virginia's Ambient Air Quality Standards; Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 24, 2022
Effective
March 24, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) issued a final rule on September 23, 2021, entitled "Air Plan Approval; West Virginia; 2020 Amendments to West Virginia's Ambient Air Quality Standards." This current action corrects an inadvertent error in the DATES section of the final rule by setting an effective date for the state implementation plan (SIP) revision submitted by the State of West Virginia. West Virginia's revision updated the incorporation by reference of EPA's national ambient air quality standards (NAAQS) and the associated monitoring reference and equivalent methods. This correction does not change West Virginia's previously approved incorporation by reference, only the DATES section in the preamble removing the request for comments and replacing it with the effective date assigned to it.
Full Text
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<title>Federal Register, Volume 87 Issue 57 (Thursday, March 24, 2022)</title>
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[Federal Register Volume 87, Number 57 (Thursday, March 24, 2022)]
[Rules and Regulations]
[Pages 16640-16641]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06127]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2020-0487; FRL-8931-03-R3]
Air Plan Approval; West Virginia; 2020 Amendments to West
Virginia's Ambient Air Quality Standards; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction.
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SUMMARY: The Environmental Protection Agency (EPA) issued a final rule
on September 23, 2021, entitled ``Air Plan Approval; West Virginia;
2020 Amendments to West Virginia's Ambient Air Quality Standards.''
This current action corrects an inadvertent error in the DATES section
of the final rule by setting an effective date for the state
implementation plan (SIP) revision submitted by the State of West
Virginia. West Virginia's revision updated the incorporation by
reference of EPA's national ambient air quality standards (NAAQS) and
the associated monitoring reference and equivalent methods. This
correction does not change West Virginia's previously approved
incorporation by reference, only the DATES section in the preamble
removing the request for comments and replacing it with the effective
date assigned to it.
DATES: This correction is effective March 24, 2022, and is applicable
beginning 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="/cdn-cgi/l/email-protection#5a1433393235362974093f283f343b1a3f2a3b743d352c"><span class="__cf_email__" data-cfemail="17597e747f787b64394472657279765772677639707861">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On September 23, 2021 (86 FR 52837), EPA
published a final rule action announcing our approval of West
Virginia's revision updating the incorporation by reference of EPA's
NAAQS and the associated monitoring reference and equivalent methods.
In the document, we inadvertently opened another comment period instead
of setting an effective date for the rule. EPA had previously opened a
30-day public comment period for this action in the notice of proposed
rulemaking (NPRM) published on February 9, 2021
[[Page 16641]]
(86 FR 8727) and responded to the comments received in response to the
NPRM in the September 23rd final rule, so the provision of another
comment period was an error in EPA's final action. This document
corrects the erroneous language. This document has no impact on West
Virginia's incorporation by reference of the NAAQS or the Clean Air Act
(CAA) requirements applicable to West Virginia, only the effective
date.
Need for Correction
As published, the September 23, 2021 final rule opens another
comment period instead of setting an effective date.
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary, or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. EPA has determined that
there is good cause for making this rule final without another prior
proposal and opportunity for comment because, as explained here and in
the explanation above, the change to the rule is a minor correction, it
is noncontroversial in nature, and does not substantively change the
requirements of West Virginia's incorporation by reference of the
NAAQS. Rather, the change sets the necessary effective date of this
previously approved SIP revision. Thus, notice and opportunity for
public comment are unnecessary. EPA finds that this constitutes good
cause under 5 U.S.C. 553(b)(B).
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 23, 2022. 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 a correction to the West Virginia SIP
revision incorporating by reference the NAAQS that previously appeared
in the Federal Register on September 23, 2021 (86 FR 52837), 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, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Correction
In the Federal Register of September 23, 2021, 86 FR 52837, correct
the DATES to read: DATES: This final rule is effective on October 25,
2021.
Dated: March 8, 2022.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2022-06127 Filed 3-23-22; 8:45 am]
BILLING CODE 6560-50-P
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