Air Plan Approval; Pennsylvania; 1997 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) Second Maintenance Plan for the Altoona (Blair County) Area, 8697-8699 [2021-02583]
Download as PDF
<![CDATA[
Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations
8697
MASSACHUSETTS NON REGULATORY
Name of non regulatory SIP
provision
Applicable geographic
or nonattainment area
*
Infrastructure SIP submittal for
2015 Ozone NAAQS.
*
Statewide ...................
3 To
*
September 27, 2018
*
EPA approved date 3
Explanations
*
February 9, 2021, [Insert Federal Register citation].
*
*
Approved with respect to requirements for CAA
section 110(a)(2)(A), (B), (C), (D), (E), (F),
(G), (H), (J), (K), (L), and (M) with the exception of the PSD-related requirements of (C),
(D), and (J).
determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
[FR Doc. 2021–02536 Filed 2–8–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2020–0332; FRL–10017–
26–Region 3]
Air Plan Approval; Pennsylvania; 1997
8-Hour Ozone National Ambient Air
Quality Standard (NAAQS) Second
Maintenance Plan for the Altoona (Blair
County) Area
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 (PADEP), for
maintaining the 1997 8-hour ozone
national ambient air quality standard
(NAAQS) (referred to as the ‘‘1997
ozone NAAQS’’) in the Altoona, Blair
County, Pennsylvania area (Altoona
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–2020–0332. 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://
SUMMARY:
khammond on DSKJM1Z7X2PROD with RULES
State submittal date/
effective date
VerDate Sep<11>2014
16:18 Feb 08, 2021
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:
I. Background
On September 3, 2020 (85 FR 54947),
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 Altoona Area
through August 1, 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 August 1, 2007 (72 FR 41906
effective August 1, 2007), EPA approved
a redesignation request (and
maintenance plan) from PADEP for the
Altoona 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 Charleston, 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
1 882
PO 00000
F.3d 1138 (D.C. Cir. 2018).
Frm 00013
Fmt 4700
Sfmt 4700
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 Altoona 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.
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 Altoona Area.’’ While
the data are correct, the total volatile
organic compounds (VOC) emissions
were summed incorrectly in Table 1.
2 ‘‘Procedures 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.
E:\FR\FM\09FER1.SGM
09FER1
8698
Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations
The correct total is 10.90 tons/day, not
11.90 tons/day as presented in the table.
See 85 FR 54948. 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.
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 Altoona Area as a revision
to the Pennsylvania SIP.
IV. Statutory and Executive Order
Reviews
khammond on DSKJM1Z7X2PROD with RULES
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
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.);
VerDate Sep<11>2014
16:18 Feb 08, 2021
Jkt 253001
• 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.
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
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 second maintenance
plan for the Altoona 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, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, 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
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
‘‘Second Maintenance Plan for the
Altoona (Blair County) 1997 8-Hour
Ozone Nonattainment Area’’ at the end
of the table to read as follows:
■
§ 52.2020
*
Identification of plan.
*
*
(e) * * *
(1) * * *
E:\FR\FM\09FER1.SGM
09FER1
*
*
8699
Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations
Name of non-regulatory SIP revision
*
*
Second Maintenance Plan for the Altoona (Blair County) 1997 8-Hour
Ozone Nonattainment Area.
*
*
*
*
Applicable geographic area
*
*
Blair County .......................
*
State
submittal
date
2/27/20
Matthew Willson, Permits Branch
(3AD10), Air & Radiation Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, PA 19103. The telephone
number is (215) 814–5795. Mr. Willson
can also be reached via electronic mail
at Willson.Matthew@epa.gov.
SUPPLEMENTARY INFORMATION:
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R03–OAR–2019–0527; FRL–10018–
21–Region 3]
I. Background
On July 15, 2020 (85 FR 42807), EPA
published a notice of proposed
rulemaking (NPRM) for the State of
Maryland. In the NPRM, EPA proposed
approval of a negative declaration
submitted by the State of Maryland for
Sewage Sludge Incineration (SSI) units.
AGENCY: Environmental Protection
This negative declaration submitted by
Agency (EPA).
MDE certifies that SSI units subject to
ACTION: Final rule.
sections 111(d) and 129 of the CAA do
SUMMARY: The Environmental Protection not exist within the jurisdiction of the
State of Maryland. The negative
Agency (EPA) is approving a negative
declaration submitted by the State of
declaration was submitted by MDE on
Maryland for Sewage Sludge
January 20, 2017.
The CAA requires that state regulatory
Incineration (SSI) units. This negative
agencies implement emission guidelines
declaration submitted by the Maryland
and associated compliance times using
Department of the Environment (MDE)
a state plan developed under sections
certifies that SSI units subject to
sections 111(d) and 129 of the Clean Air 111(d) and 129 of the CAA. The general
provisions for the submittal and
Act (CAA) do not exist within the
jurisdiction of the State of Maryland.
approval of state plans are codified in
EPA is approving this certification in
40 Code of Federal Regulations (CFR)
accordance with the requirements of the part 60, subpart B and 40 CFR part 62,
CAA.
subpart A. Section 111(d) establishes
general requirements and procedures on
DATES: This final rule is effective on
state plan submittals for the control of
March 11, 2021.
designated pollutants. Section 129
ADDRESSES: EPA has established a
requires emission guidelines to be
docket for this action under Docket ID
Number EPA–R03–OAR–2019–0527. All promulgated for all categories of solid
waste incineration units, including SSI
documents in the docket are listed on
units. SSI units are defined at 40 CFR
the https://www.regulations.gov
60.5250 as ‘‘an incineration unit
website. Although listed in the index,
combusting sewage sludge for the
some information is not publicly
purpose of reducing the volume of the
available, e.g., confidential business
sewage sludge by removing combustible
information (CBI) or other information
whose disclosure is restricted by statute. matter. Sewage sludge incineration unit
designs include fluidized bed and
Certain other material, such as
multiple hearth. A SSI unit also
copyrighted material, is not placed on
includes, but is not limited to, the
the internet and will be publicly
sewage sludge feed system, auxiliary
available only in hard copy form.
fuel feed system, grate system, flue gas
Publicly available docket materials are
system, waste heat recovery equipment,
available through https://
if any, and bottom ash system. The SSI
www.regulations.gov, or please contact
the person identified in the FOR FURTHER unit includes all ash handling systems
connected to the bottom ash handling
INFORMATION CONTACT section for
system. The combustion unit bottom ash
additional availability information.
Approval and Promulgation of State
Air Quality Plans for Designated
Facilities and Pollutants; State of
Maryland; Control of Emissions From
Existing Sewage Sludge Incineration
Units
khammond on DSKJM1Z7X2PROD with RULES
*
2/9/21, [insert Federal
Register citation].
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2021–02583 Filed 2–8–21; 8:45 am]
VerDate Sep<11>2014
16:18 Feb 08, 2021
Jkt 253001
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
Additional
explanation
EPA approval date
*
*
system ends at the truck loading station
or similar equipment that transfers the
ash to final disposal. The SSI unit does
not include air pollution control
equipment or the stack.’’
Section 129 mandates that all plan
requirements be at least as protective as
the promulgated emission guidelines.
This includes fixed final compliance
dates, fixed compliance schedules, and
title V permitting requirements for all
affected sources. Section 129 also
requires that state plans be submitted to
EPA within one year after EPA’s
promulgation of the emission guidelines
and compliance times.
States have options other than
submitting a state plan in order to fulfill
their obligations under CAA sections
111(d) and 129. If a state does not have
any existing SSI units for the relevant
emission guidelines, a letter can be
submitted certifying that no such units
exist within the state (i.e., negative
declaration) in lieu of a state plan, in
accordance with 40 CFR 60.5010. The
negative declaration exempts the state
from the requirements of subpart B that
would otherwise require the submittal
of a CAA section 111(d)/129 plan.
On March 21, 2011 (76 FR 15372),
EPA finalized emission guidelines for
SSI units at 40 CFR part 60, subpart
MMMM. Following the 2011 final rule,
MDE determined that there was one SSI
facility in Maryland that met the
applicability criteria for the Federal
plan. On January 20, 2017, MDE
submitted a letter to EPA requesting full
delegation of authority to implement the
SSI Federal plan. However, that facility
has now permanently shut down and
has relinquished its title V permit to
operate. Accordingly, MDE sent a
negative declaration for SSI units on
April 3, 2020.
II. Final Action
In this action, EPA amends 40 CFR
part 62 to reflect receipt of the negative
declaration letter from MDE, received
April 3, 2020, certifying that there are
no existing SSI units subject to 40 CFR
part 60, subpart MMMM, in accordance
with section 111(d) and 129 of the CAA.
EPA is accepting the negative
declaration in accordance with the
E:\FR\FM\09FER1.SGM
09FER1
]]>Agencies
[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Rules and Regulations]
[Pages 8697-8699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02583]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2020-0332; FRL-10017-26-Region 3]
Air Plan Approval; Pennsylvania; 1997 8-Hour Ozone National
Ambient Air Quality Standard (NAAQS) Second Maintenance Plan for the
Altoona (Blair 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
(PADEP), for maintaining the 1997 8-hour ozone national ambient air
quality standard (NAAQS) (referred to as the ``1997 ozone NAAQS'') in
the Altoona, Blair County, Pennsylvania area (Altoona 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-2020-0332. 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 September 3, 2020 (85 FR 54947), 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 Altoona Area through August 1, 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 August 1, 2007 (72 FR 41906 effective August 1, 2007), EPA
approved a redesignation request (and maintenance plan) from PADEP for
the Altoona 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 Charleston, 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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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 Altoona 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
Altoona Area.'' While the data are correct, the total volatile organic
compounds (VOC) emissions were summed incorrectly in Table 1.
[[Page 8698]]
The correct total is 10.90 tons/day, not 11.90 tons/day as presented in
the table. See 85 FR 54948. 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. 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 Altoona Area 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,
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 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 second maintenance plan
for the Altoona 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, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, 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 ``Second Maintenance Plan for the Altoona (Blair 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) * * *
[[Page 8699]]
----------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP Applicable submittal EPA approval date Additional
revision geographic area date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Second Maintenance Plan for the Blair County........ 2/27/20 2/9/21, [insert ....................
Altoona (Blair County) 1997 8- Federal Register
Hour Ozone Nonattainment Area. citation].
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-02583 Filed 2-8-21; 8:45 am]
BILLING CODE 6560-50-P
