[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Rules and Regulations]
[Pages 49246-49248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19016]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2021-0358; FRL-8686-02-R3]


Air Plan Approval; Pennsylvania; 1997 8-Hour Ozone National 
Ambient Air Quality Standards Second Maintenance Plan for the Greene 
County Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision submitted by the Commonwealth of 
Pennsylvania. The revision pertains to the Commonwealth's plan, 
submitted by the Pennsylvania Department of Environmental Protection 
(PADEP), for maintaining the 1997 8-hour ozone national ambient air 
quality standard (NAAQS) (referred to as the ``1997 ozone NAAQS'') in 
the Greene County, Pennsylvania area (Greene County Area). EPA is 
approving these revisions to the Pennsylvania SIP in accordance with 
the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on October 4, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2021-0358. 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: Adam Yarina, 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) 814-2108. Mr. Yarina can also be reached 
via electronic mail at Yarina.Adam@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On July 13, 2021, (86 FR 36673), EPA published a notice of proposed 
rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the NPRM, 
EPA proposed approval of Pennsylvania's plan for maintaining the 1997 
ozone NAAQS in the Greene County Area through April 20, 2029, in 
accordance with CAA section 175A. The formal SIP revision was submitted 
by PADEP on February 25, 2020.

II. Summary of SIP Revision and EPA Analysis

    On March 19, 2009 (74 FR 11671, effective April 20, 2009), EPA 
approved a redesignation request and maintenance plan from PADEP for 
the Greene County Area. In accordance with 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

[[Page 49247]]

District v. EPA,\1\ the D.C. Circuit held that this requirement cannot 
be waived for areas--like the Greene County 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\ PADEP's February 25, 2020 submittal fulfills 
Pennsylvania's obligation to submit a second maintenance plan and 
addresses each of the five necessary elements.
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    \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).
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    As discussed in the July 13, 2021 NPRM, EPA allows the submittal of 
a limited maintenance plan (LMP) to meet the statutory requirement that 
the area will maintain for the statutory period. Qualifying areas may 
meet the maintenance demonstration by showing that the area's design 
value \3\ is well below the NAAQS and that the historical stability of 
the area's air quality levels indicates that the area is unlikely to 
violate the NAAQS in the future. EPA evaluated PADEP's February 25, 
2020 submittal for consistency with all applicable EPA guidance and CAA 
requirements. EPA found that the submittal met CAA section 175A and all 
CAA requirements and proposed approval of the LMP for the Greene County 
Area as a revision to the Pennsylvania SIP.
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    \3\ The ozone design value for a monitoring site is the 3-year 
average of the annual fourth-highest daily maximum 8-hour average 
ozone concentrations. The design value for an ozone nonattainment 
area is the highest design value of any monitoring site in the area.
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    Other specific requirements of PADEP's February 25, 2020 submittal 
and the rationale for EPA's proposed action are explained in the NPRM 
and will not be restated here. No public comments were received on the 
NPRM.

III. Final Action

    EPA is approving PADEP's second maintenance plan for the Greene 
County Area for the 1997 ozone NAAQS as a revision to the Pennsylvania 
SIP.

IV. 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 if 
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 1, 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 PADEP's second maintenance plan for the 
Greene County Area for the 1997 ozone 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, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: August 27, 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

0
1. The authority citation for part 52 continues to read as follows:

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

[[Page 49248]]

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding 
the entry ``Second Maintenance Plan for the State College 1997 8-Hour 
Ozone Nonattainment Area'' at the end of the table to read as follows:


Sec.  52.2020   Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

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                                                            State
    Name of non-regulatory SIP          Applicable        submittal     EPA approval date        Additional
             revision                 geographic area        date                                explanation
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                                                  * * * * * * *
Second Maintenance Plan for the    Greene County Area..      2/25/20  9/2/21, [insert       The Greene County
 State College 1997 8-Hour Ozone                                       Federal Register      area consists
 Nonattainment Area.                                                   citation].            solely of Greene
                                                                                             County.
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[FR Doc. 2021-19016 Filed 9-1-21; 8:45 am]
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