Air Plan Approval; Pennsylvania; 1997 8-Hour Ozone National Ambient Air Quality Standards Second Maintenance Plan for the Franklin County Area, 65727-65729 [2020-21228]
Download as PDF
<![CDATA[
65727
Federal Register / Vol. 85, No. 201 / Friday, October 16, 2020 / Rules and Regulations
EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Name of SIP provision
*
*
Interstate Transport Requirements for the
2015 Ozone NAAQS.
Applicable
geographic or
nonattainment
area
State submittal
date
EPA approval date
*
State-wide ......
*
9/26/2018
*
10/16/20, [Insert
Federal Register
citation].
[FR Doc. 2020–21329 Filed 10–15–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2020–0268; FRL–10015–
02–Region 3]
Air Plan Approval; Pennsylvania; 1997
8-Hour Ozone National Ambient Air
Quality Standards Second
Maintenance Plan for the Franklin
County Area
I. Background
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania. This revision pertains to
the Commonwealth’s plan, submitted by
the Pennsylvania Department of
Environmental Protection (DEP), for
maintaining the 1997 8-hour ozone
national ambient air quality standard
(NAAQS) (referred to as the ‘‘1997
ozone NAAQS’’) in the Franklin County,
Pennsylvania area (Franklin 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
November 16, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2020–0268. 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://
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:47 Oct 15, 2020
Jkt 253001
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
David Talley, 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)
814–2117. Mr. Talley can also be
reached via electronic mail at
talley.david@epa.gov.
SUPPLEMENTARY INFORMATION:
On August 3, 2020 (85 FR 46576),
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 Franklin
County Area through July 25, 2027, in
accordance with CAA section 175A. The
formal SIP revision was submitted by
DEP on March 10, 2020.
II. Summary of SIP Revision and EPA
Analysis
On July 25, 2007 (72 FR 40746
effective July 25, 2007), EPA approved
a redesignation request (and
maintenance plan) from DEP for the
Franklin County Area. In accordance
with 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.
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
PO 00000
Frm 00077
Fmt 4700
Sfmt 4700
Comments
*
This
action
110(a)(2)(D)(i)(I).
*
addresses
CAA
contingency plan.1 DEP’s March 10,
2020 submittal fulfills Pennsylvania’s
obligation to submit a second
maintenance plan and addresses each of
the five necessary elements.
As discussed in the August 3, 2020
NPRM, EPA allows the submittal of a
less rigorous, limited maintenance plan
(LMP) to meet the CAA section 175A
requirements by demonstrating that the
area’s design value 2 is well below the
NAAQS and that the historical stability
of the area’s air quality levels shows that
the area is unlikely to violate the
NAAQS in the future. EPA evaluated
DEP’s March 10, 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 Franklin County Area as a revision
to the Pennsylvania SIP. The effect of
this action makes certain commitments
related to the maintenance of the 1997
ozone NAAQS Federally enforceable as
part of the Pennsylvania SIP.
Other specific requirements of DEP’s
March 10, 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 the 1997 8-hour
ozone NAAQS limited maintenance
plan for the Franklin County 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
1 ‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment,’’ Memorandum
from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (Calcagni
Memo).
2 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.
E:\FR\FM\16OCR1.SGM
16OCR1
65728
Federal Register / Vol. 85, No. 201 / Friday, October 16, 2020 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES
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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because a SIP approval is not a
significant regulatory action under
Executive Order 12866.
• 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.
circuit by December 15, 2020. 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 Pennsylvania’s limited
maintenance plan for the Franklin
County Area may not be challenged
later in proceedings to enforce its
requirements. (See section 307(b)(2).)
B. Submission to Congress and the
Comptroller General
Dated: September 21, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
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
Name of non-regulatory SIP revision
Applicable geographic
area
State
submittal
date
*
*
Second Maintenance Plan for the Franklin
(Franklin County) 1997 8-Hour Ozone
Nonattainment Area.
*
Franklin County ..........
*
VerDate Sep<11>2014
16:47 Oct 15, 2020
Jkt 253001
PO 00000
Frm 00078
Fmt 4700
3/10/20
Sfmt 9990
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Volatile organic compounds.
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 NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(e)(1) is amended by adding the entry
‘‘Second Maintenance Plan for the
Franklin (Franklin County) 1997 8-Hour
Ozone Nonattainment Area’’ at the end
of the table to read as follows:
■
§ 52.2020
*
Identification of plan.
*
*
(e) * * *
(1) * * *
*
EPA approval date
*
10/16/20, [insert Federal
Register citation].
E:\FR\FM\16OCR1.SGM
16OCR1
*
Additional explanation
*
*
Federal Register / Vol. 85, No. 201 / Friday, October 16, 2020 / Rules and Regulations
*
*
*
*
*
[FR Doc. 2020–21228 Filed 10–15–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2017–0447; FRL–10014–31]
Methyl Bromide; Pesticide Tolerance
for Emergency Exemptions
This regulation establishes a
time-limited tolerance for residues of
the fumigant methyl bromide, including
its metabolites and degradates in or on
imported/domestic agricultural
commodities in fruit, citrus, group 10–
10. This action is in response to EPA’s
granting a quarantine exemption under
the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) authorizing
use of the pesticide on commodities
within fruit, citrus, group 10–10. This
regulation establishes a maximum
permissible level for residues of methyl
bromide in or on these commodities.
The time-limited tolerance expires on
December 31, 2023.
DATES: This regulation is effective
October 16, 2020. Objections and
requests for hearings must be received
on or before December 15, 2020 and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2017–0447, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West, William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805.
Due to the public health concerns
related to COVID–19, the EPA Docket
Center (EPA/DC) and Reading Room is
closed to visitors with limited
exceptions. The staff continues to
provide remote customer service via
email, phone, and webform. For the
latest status information on EPA/DC
jbell on DSKJLSW7X2PROD with RULES
VerDate Sep<11>2014
16:47 Oct 15, 2020
Jkt 253001
I. General Information
A. Does this action apply to me?
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY:
services and docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Marietta Echeverria, Registration
Division (7505P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Avenue
NW, Washington, DC 20460–0001; main
telephone number: (703) 305–7090;
email address: RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Publishing
Office’s e-CFR site at https://
www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under section 408(g) of the Federal
Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2017–0447 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing and must be received
by the Hearing Clerk on or before
December 15, 2020. Addresses for mail
and hand delivery of objections and
hearing requests are provided in 40 CFR
178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
PO 00000
Frm 00079
Fmt 4700
Sfmt 4700
65729
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2017–0447, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on commenting
or visiting the docket, along with more
information about dockets generally, is
available at https://www.epa.gov/
dockets.
II. Background and Statutory Findings
EPA, on its own initiative, in
accordance with FFDCA sections 408(e)
and 408(l)(6), 21 U.S.C. 346a(e) and
346a (1)(6), is establishing a timelimited tolerance for residues of methyl
bromide in or on agricultural
commodities in fruit, citrus, group 10–
10 at 2 parts per million (ppm). By
establishing a tolerance for specific
commodities in this citrus fruit crop
group, methyl bromide fumigation will
be supported for the following crops:
Australian desert lime, Australian finger
lime, Australian round lime, Brown
River finger lime, Calamondin, Citron,
Citrus hybrids, Grapefruit, Japanese
summer grapefruit, Kumquat, Lemon,
Lime, Mediterranean Mandarin, Mount
White Lime, New Guinea wild lime,
Orange, sour, Orange, sweet, Pummelo,
Russell River lime, Satsuma mandarin,
Sweet lime, Tachibana orange, Tahiti
Lime, Tangelo, Tangerine (Mandarin),
Tangor, Trifoliate orange, and cultivars
and/or hybrids of Unique fruit and
varieties. The time-limited tolerance
expires on December 31, 2023.
Section 408(l)(6) of FFDCA requires
EPA to establish a time-limited
tolerance or exemption from the
requirement for a tolerance for pesticide
chemical residues in food that will
result from the use of a pesticide under
an emergency exemption granted by
EPA under FIFRA section 18. Such
E:\FR\FM\16OCR1.SGM
16OCR1
]]>Agencies
[Federal Register Volume 85, Number 201 (Friday, October 16, 2020)]
[Rules and Regulations]
[Pages 65727-65729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21228]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2020-0268; FRL-10015-02-Region 3]
Air Plan Approval; Pennsylvania; 1997 8-Hour Ozone National
Ambient Air Quality Standards Second Maintenance Plan for the Franklin
County Area
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 Commonwealth of
Pennsylvania. This revision pertains to the Commonwealth's plan,
submitted by the Pennsylvania Department of Environmental Protection
(DEP), for maintaining the 1997 8-hour ozone national ambient air
quality standard (NAAQS) (referred to as the ``1997 ozone NAAQS'') in
the Franklin County, Pennsylvania area (Franklin 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 November 16, 2020.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2020-0268. 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: David Talley, 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-
2117. Mr. Talley can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On August 3, 2020 (85 FR 46576), 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 Franklin County Area through July 25, 2027, in
accordance with CAA section 175A. The formal SIP revision was submitted
by DEP on March 10, 2020.
II. Summary of SIP Revision and EPA Analysis
On July 25, 2007 (72 FR 40746 effective July 25, 2007), EPA
approved a redesignation request (and maintenance plan) from DEP for
the Franklin County Area. In accordance with 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. 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.\1\ DEP's March 10,
2020 submittal fulfills Pennsylvania's obligation to submit a second
maintenance plan and addresses each of the five necessary elements.
---------------------------------------------------------------------------
\1\ ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (Calcagni Memo).
---------------------------------------------------------------------------
As discussed in the August 3, 2020 NPRM, EPA allows the submittal
of a less rigorous, limited maintenance plan (LMP) to meet the CAA
section 175A requirements by demonstrating that the area's design value
\2\ is well below the NAAQS and that the historical stability of the
area's air quality levels shows that the area is unlikely to violate
the NAAQS in the future. EPA evaluated DEP's March 10, 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 Franklin County
Area as a revision to the Pennsylvania SIP. The effect of this action
makes certain commitments related to the maintenance of the 1997 ozone
NAAQS Federally enforceable as part of the Pennsylvania SIP.
---------------------------------------------------------------------------
\2\ 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.
---------------------------------------------------------------------------
Other specific requirements of DEP's March 10, 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 the 1997 8-hour ozone NAAQS limited maintenance
plan for the Franklin County 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
[[Page 65728]]
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because a SIP approval is not a significant
regulatory action under Executive Order 12866.
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 December 15, 2020. 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 Pennsylvania's limited maintenance
plan for the Franklin County Area 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: September 21, 2020.
Cosmo Servidio,
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.
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 Franklin (Franklin County)
1997 8-Hour Ozone Nonattainment Area'' at the end of the table to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP Applicable submittal EPA approval date Additional
revision geographic area date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Second Maintenance Plan for the Franklin County..... 3/10/20 10/16/20, [insert ....................
Franklin (Franklin County) 1997 Federal Register
8-Hour Ozone Nonattainment Area. citation].
----------------------------------------------------------------------------------------------------------------
[[Page 65729]]
* * * * *
[FR Doc. 2020-21228 Filed 10-15-20; 8:45 am]
BILLING CODE 6560-50-P
