Air Plan Approval; Pennsylvania; 1997 8-Hour Ozone National Ambient Air Quality Standards Second Maintenance Plan for the Scranton-Wilkes-Barre Area, 10831-10832 [2021-02618]
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<![CDATA[
Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Rules and Regulations
State
submittal
date
Name of non-regulatory SIP revision
Applicable
geographic area
*
*
*
1997 8-Hour Ozone National Ambient Air Quality Standard Second Maintenance Plan for the West Virginia Portion of the Charleston, West Virginia
Area Comprising Kanawha and Putnam Counties.
*
*
Charleston, West Virginia Area Comprising Kanawha and Putnam
Counties.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2021–02623 Filed 2–22–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2020–0316; FRL–10018–
14–Region 3]
Air Plan Approval; Pennsylvania; 1997
8-Hour Ozone National Ambient Air
Quality Standards Second
Maintenance Plan for the ScrantonWilkes-Barre 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 ScrantonWilkes-Barre, Pennsylvania area
(Scranton-Wilkes-Barre Area). This
action is being taken under the Clean
Air Act (CAA).
DATES: This final rule is effective on
March 25, 2021.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2020–0316. 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.
SUMMARY:
VerDate Sep<11>2014
21:28 Feb 22, 2021
Jkt 253001
Maria A. Pino, 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)
814–2181. Ms. Pino can also be reached
via electronic mail at pino.maria@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On September 3, 2020 (85 FR 54961),
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 ScrantonWilkes-Barre Area through December
19, 2027, in accordance with CAA
section 175A. The formal SIP revision
was submitted by PADEP on March 10,
2020.
II. Summary of SIP Revision and EPA
Analysis
On November 19, 2007 (72 FR 64948,
effective December 19, 2007), EPA
approved a redesignation request (and
maintenance plan) from PADEP for the
Scranton-Wilkes-Barre 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 Scranton-Wilkes-Barre
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
1 882
PO 00000
F.3d 1138 (D.C. Cir. 2018).
Frm 00129
Fmt 4700
Sfmt 4700
*
12/10/2019
EPA approval
date
10831
Additional
explanation
*
2/23/2021, [insert
Federal Register citation].
commitment for continued air quality
monitoring; (4) a process for verification
of continued attainment; and (5) a
contingency plan.2 PADEP’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 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 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 ScrantonWilkes-Barre 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
PADEP’s March 10, 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 in
support of its proposed approval of
PADEP’s March 10, 2020 submittal. EPA
received no adverse comments on the
September 3, 2020 NPRM. Therefore, no
response to comments is required.
IV. Final Action
EPA is approving PADEP’s second
maintenance plan for the Scranton2 ‘‘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\23FER1.SGM
23FER1
10832
Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Rules and Regulations
Wilkes-Barre Area for the 1997 ozone
NAAQS 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 SIP approvals are
exempted 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);
Name of non-regulatory SIP revision
*
*
Second Maintenance Plan for the ScrantonWilke-Barre 1997 8-Hour Ozone Nonattainment Area.
*
*
*
*
• 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
State
submittal
date
Applicable
geographic area
*
Scranton-Wilkes-Barre
Area.
*
3/10/20
Court of Appeals for the appropriate
circuit by April 26, 2021. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action.
This action, approving PADEP’s
second maintenance plan for the
Scranton-Wilkes-Barre Area for the 1997
ozone NAAQS, may not be challenged
later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: 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 the entry
‘‘Second Maintenance Plan for the
Scranton-Wilkes-Barre 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
*
2/23/21, [insert Federal Register citation].
*
*
Scranton/Wilkes-Barre
Area:
Lackawanna,
Luzerne, Monroe and Wyoming Counties.
*
BILLING CODE 6560–50–P
21:28 Feb 22, 2021
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PO 00000
Frm 00130
Fmt 4700
Sfmt 9990
*
Additional explanation
[FR Doc. 2021–02618 Filed 2–22–21; 8:45 am]
VerDate Sep<11>2014
*
E:\FR\FM\23FER1.SGM
23FER1
]]>Agencies
[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Rules and Regulations]
[Pages 10831-10832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02618]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2020-0316; FRL-10018-14-Region 3]
Air Plan Approval; Pennsylvania; 1997 8-Hour Ozone National
Ambient Air Quality Standards Second Maintenance Plan for the Scranton-
Wilkes-Barre 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 Scranton-Wilkes-Barre, Pennsylvania area (Scranton-Wilkes-Barre
Area). This action is being taken under the Clean Air Act (CAA).
DATES: This final rule is effective on March 25, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2020-0316. 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: Maria A. Pino, 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-
2181. Ms. Pino can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On September 3, 2020 (85 FR 54961), 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 Scranton-Wilkes-Barre Area through December 19,
2027, in accordance with CAA section 175A. The formal SIP revision was
submitted by PADEP on March 10, 2020.
II. Summary of SIP Revision and EPA Analysis
On November 19, 2007 (72 FR 64948, effective December 19, 2007),
EPA approved a redesignation request (and maintenance plan) from PADEP
for the Scranton-Wilkes-Barre 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
Scranton-Wilkes-Barre 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 March 10,
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
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 Scranton-Wilkes-Barre 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.
---------------------------------------------------------------------------
Other specific requirements of PADEP's March 10, 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 in support of its proposed approval of
PADEP's March 10, 2020 submittal. EPA received no adverse comments on
the September 3, 2020 NPRM. Therefore, no response to comments is
required.
IV. Final Action
EPA is approving PADEP's second maintenance plan for the Scranton-
[[Page 10832]]
Wilkes-Barre Area for the 1997 ozone NAAQS 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 SIP approvals are exempted 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 26, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action.
This action, approving PADEP's second maintenance plan for the
Scranton-Wilkes-Barre Area for the 1997 ozone NAAQS, may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: 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
the entry ``Second Maintenance Plan for the Scranton-Wilkes-Barre 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 geographic submittal EPA approval date Additional
revision area date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Second Maintenance Plan for Scranton-Wilkes-Barre 3/10/20 2/23/21, [insert Federal Scranton/Wilkes-
the Scranton-Wilke-Barre Area. Register citation]. Barre Area:
1997 8-Hour Ozone Lackawanna,
Nonattainment Area. Luzerne,
Monroe and
Wyoming
Counties.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-02618 Filed 2-22-21; 8:45 am]
BILLING CODE 6560-50-P
