[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 [www.gpo.gov]
[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 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 
[email protected].

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]
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