Air Plan Approval; Pennsylvania; 1997 8-Hour Ozone National Ambient Air Quality Standard Second Maintenance Plan for the Harrisburg-Lebanon-Carlisle Area, 8689-8691 [2021-02556]
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organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
1–888–REG–FAIR (1–888–734–3247).
The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
khammond on DSKJM1Z7X2PROD with RULES
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
VerDate Sep<11>2014
16:18 Feb 08, 2021
Jkt 253001
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
temporary emergency safety zone on the
LMR from MM 330 through MM 360,
that will prohibit entry into this zone.
The safety zone will only be enforced
while operations preclude the safe
navigation of the established channel. It
is categorically excluded from further
review under paragraph L60 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
8689
§ 165.T08–0036 Safety Zone; Lower
Mississippi River, Mile Markers 330.0–360.0,
MS.
(a) Location. The following area is a
safety zone: All navigable waters of the
Lower Mississippi River from Mile
Marker (MM) 330 through MM 360.
(b) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the Captain
of the Port Sector Lower Mississippi
River (COTP) or the COTP’s designated
representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard (USCG) assigned to units
under the operational control of USCG
Sector Lower Mississippi River.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative via VHF–FM channel 16
or by telephone at 901–521–4822. Those
in the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(c) Effective period. This section is
effective without actual notice from
February 9, 2021 until March 15, 2021.
For the purposes of enforcement, actual
notice will be used from February 8,
2021 until February 9, 2021.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this safety zone
through Broadcast Notices to Mariners,
Local Notices to Mariners, and/or Safety
Marine Information Broadcasts, as
appropriate.
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
Dated: February 1, 2021.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the
Port Sector Lower Mississippi River.
List of Subjects in 33 CFR Part 165
[FR Doc. 2021–02436 Filed 2–8–21; 8:45 am]
BILLING CODE 9110–04–P
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0036 to read as
follows:
■
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2020–0288; FRL–10016–
56–Region 3]
Air Plan Approval; Pennsylvania; 1997
8-Hour Ozone National Ambient Air
Quality Standard Second Maintenance
Plan for the Harrisburg-LebanonCarlisle Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
SUMMARY:
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Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES
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 (PADEP), for
maintaining the 1997 8-hour ozone
national ambient air quality standard
(NAAQS) (referred to as the ‘‘1997
ozone NAAQS’’) in the HarrisburgLebanon-Carlisle 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
March 11, 2021.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2020–0288. 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:
Keila M. Paga´n-Incle, 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)
814–2926. Ms. Paga´n-Incle can also be
reached via electronic mail at paganincle.keila@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On September 3, 2020 (85 FR 54954),
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 HarrisburgLebanon-Carlisle Area through July 25,
2027, in accordance with CAA section
175A. The formal SIP revision was
submitted by PADEP on February 27,
2020.
II. Summary of SIP Revision and EPA
Analysis
On July 25, 2007 (72 FR 40749
effective July 25, 2007), EPA approved
a redesignation request (and
VerDate Sep<11>2014
16:18 Feb 08, 2021
Jkt 253001
maintenance plan) from PADEP for the
Harrisburg-Lebanon-Carlisle 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, and
in South Coast Air Quality Management
District v. EPA,1 the D.C. Circuit held
that this requirement cannot be waived
for areas, like the Harrisburg-LebanonCarlisle 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
27, 2020 submittal fulfills
Pennsylvania’s obligation to submit a
second maintenance plan and addresses
each of the five necessary elements.
As discussed in the September 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 3 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 PADEP’s
February 27, 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 Harrisburg-Lebanon-Carlisle 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
1 882
F.3d 1138 (D.C. Cir. 2018).
for Processing Requests to
Redesignate Areas to Attainment,’’ Memorandum
from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (Calcagni
Memo).
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.
2 ‘‘Procedures
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
Federally enforceable as part of the
Pennsylvania SIP.
Subsequent to the publication of the
September 3, 2020 NPRM, EPA
discovered a minor computational error
in the data presented in Table 1:
‘‘Typical Summer Day NOX and VOC
Emissions for the Harrisburg-LebanonCarlisle Area.’’ While the data are
correct, the total NOX emissions were
summed incorrectly in Table 1. The
correct total is 73.13 tons/day, not 81.03
tons/day as presented in the table. See
85 FR 54954. However, since the actual
data are correct, and since the incorrect
total over-reports rather than underreports the emissions, EPA believes this
to be a harmless error which does not
impact the rationale in the NPRM for
our approval of Pennsylvania’s
submittal. Other specific requirements
of PADEP’s February 27, 2020 submittal
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 one comment which
was not relevant to this action or to air
quality.
IV. Final Action
EPA is approving the 1997 8-hour
ozone NAAQS limited maintenance
plan for the Harrisburg-Lebanon-Carlisle
Area as a revision to the Pennsylvania
SIP.
V. 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because it is not a significant
regulatory action under Executive Order
12866;
• Does not impose an information
collection burden under the provisions
E:\FR\FM\09FER1.SGM
09FER1
8691
Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations
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
Name of non-regulatory SIP revision
*
*
1997 8-Hour Ozone National Ambient Air
Quality Standard Second Maintenance
Plan for the Harrisburg-Lebanon-Carlisle Area.
*
*
*
*
*
[FR Doc. 2021–02556 Filed 2–8–21; 8:45 am]
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).
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 April 12, 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
State
submittal
date
Applicable geographic area
*
Harrisburg-Lebanon-Carlisle Area.
*
2/27/2020
Dated: February 3, 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 NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(e)(1) is amended by adding an entry for
‘‘1997 8-Hour Ozone National Ambient
Air Quality Standard Second
Maintenance Plan for the HarrisburgLebanon-Carlisle Area’’ at the end of the
table to read as follows:
■
§ 52.2020
*
Identification of plan.
*
*
(e) * * *
(1) * * *
ENVIRONMENTAL PROTECTION
AGENCY
ACTION:
Air Plan Approval; Pennsylvania; 1997
8-Hour Ozone National Ambient Air
Quality Standard Second Maintenance
Plan for the Johnstown Area
Environmental Protection
Agency (EPA).
Jkt 253001
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Fmt 4700
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*
Additional explanation
*
Final rule.
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 (PADEP), for
maintaining the 1997 8-hour ozone
national ambient air quality standard
(NAAQS) (referred to as the ‘‘1997
ozone NAAQS’’) in the Johnstown,
Pennsylvania area (Johnstown Area).
SUMMARY:
AGENCY:
*
*
*
2/9/2021, [insert Federal
Register citation].
[EPA–R03–OAR–2020–0355; FRL–10016–
55–Region 3]
khammond on DSKJM1Z7X2PROD with RULES
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Volatile organic compounds.
EPA approval date
40 CFR Part 52
16:18 Feb 08, 2021
List of Subjects in 40 CFR Part 52
C. Petitions for Judicial Review
BILLING CODE 6560–50–P
VerDate Sep<11>2014
pertaining to Pennsylvania’s limited
maintenance plan for the HarrisburgLebanon-Carlisle Area may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
E:\FR\FM\09FER1.SGM
09FER1
]]>Agencies
[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Rules and Regulations]
[Pages 8689-8691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02556]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2020-0288; FRL-10016-56-Region 3]
Air Plan Approval; Pennsylvania; 1997 8-Hour Ozone National
Ambient Air Quality Standard Second Maintenance Plan for the
Harrisburg-Lebanon-Carlisle Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
[[Page 8690]]
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
(PADEP), for maintaining the 1997 8-hour ozone national ambient air
quality standard (NAAQS) (referred to as the ``1997 ozone NAAQS'') in
the Harrisburg-Lebanon-Carlisle 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 March 11, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2020-0288. 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: Keila M. Pag[aacute]n-Incle, 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-
2926. Ms. Pag[aacute]n-Incle can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On September 3, 2020 (85 FR 54954), 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 Harrisburg-Lebanon-Carlisle Area through July
25, 2027, in accordance with CAA section 175A. The formal SIP revision
was submitted by PADEP on February 27, 2020.
II. Summary of SIP Revision and EPA Analysis
On July 25, 2007 (72 FR 40749 effective July 25, 2007), EPA
approved a redesignation request (and maintenance plan) from PADEP for
the Harrisburg-Lebanon-Carlisle 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,
and in South Coast Air Quality Management District v. EPA,\1\ the D.C.
Circuit held that this requirement cannot be waived for areas, like the
Harrisburg-Lebanon-Carlisle 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.
---------------------------------------------------------------------------
\1\ 882 F.3d 1138 (D.C. Cir. 2018).
---------------------------------------------------------------------------
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 27, 2020 submittal fulfills Pennsylvania's
obligation to submit a second maintenance plan and addresses each of
the five necessary elements.
---------------------------------------------------------------------------
\2\ ``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 September 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 \3\ 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 PADEP's
February 27, 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 Harrisburg-Lebanon-Carlisle 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Subsequent to the publication of the September 3, 2020 NPRM, EPA
discovered a minor computational error in the data presented in Table
1: ``Typical Summer Day NOX and VOC Emissions for the
Harrisburg-Lebanon-Carlisle Area.'' While the data are correct, the
total NOX emissions were summed incorrectly in Table 1. The
correct total is 73.13 tons/day, not 81.03 tons/day as presented in the
table. See 85 FR 54954. However, since the actual data are correct, and
since the incorrect total over-reports rather than under-reports the
emissions, EPA believes this to be a harmless error which does not
impact the rationale in the NPRM for our approval of Pennsylvania's
submittal. Other specific requirements of PADEP's February 27, 2020
submittal 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 one comment which was not relevant to this action or
to air quality.
IV. Final Action
EPA is approving the 1997 8-hour ozone NAAQS limited maintenance
plan for the Harrisburg-Lebanon-Carlisle Area as a revision to the
Pennsylvania SIP.
V. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because it is not a significant regulatory
action under Executive Order 12866;
Does not impose an information collection burden under the
provisions
[[Page 8691]]
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 April 12, 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 pertaining to Pennsylvania's limited maintenance
plan for the Harrisburg-Lebanon-Carlisle 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: February 3, 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.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (e)(1) is amended by adding
an entry for ``1997 8-Hour Ozone National Ambient Air Quality Standard
Second Maintenance Plan for the Harrisburg-Lebanon-Carlisle 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1997 8-Hour Ozone National Harrisburg-Lebanon- 2/27/2020 2/9/2021, [insert
Ambient Air Quality Standard Carlisle Area. Federal Register
Second Maintenance Plan for the citation].
Harrisburg-Lebanon-Carlisle Area.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-02556 Filed 2-8-21; 8:45 am]
BILLING CODE 6560-50-P
