Air Plan Approval; Pennsylvania; Emissions Statement Rule Certification for the 2015 Ozone National Ambient Air Quality Standard, 47391-47393 [2021-18159]
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khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Rules and Regulations
• 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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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 October 25, 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 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
VerDate Sep<11>2014
15:42 Aug 24, 2021
Jkt 253001
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: August 18, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
For the reasons stated in the
preamble, 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.
§ 52.1870
[Amended]
2. In § 52.1870, the table in paragraph
(c) is amended by removing the heading
‘‘Chapter 3745–45 Permit Fees’’ and the
entries for 3745–45–01 through 3745–
45–05.
■
[FR Doc. 2021–18166 Filed 8–24–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2020–0706; FRL–8845–02–
R3]
Air Plan Approval; Pennsylvania;
Emissions Statement Rule Certification
for the 2015 Ozone National Ambient
Air Quality Standard
47391
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:
Serena Nichols, 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)
814–2053. Ms. Nichols can also be
reached via electronic mail at
Nichols.Serena@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On May 14, 2021 (86 FR 26448), EPA
published a notice of proposed
rulemaking (NPRM) for the
Commonwealth of Pennsylvania. In the
NPRM, EPA proposed approval of the
Commonwealth’s certification that the
Commonwealth’s emissions statement
regulation meets the emissions
statement requirement of section
182(a)(3)(B) of the CAA for the 2015
ozone NAAQS. The formal SIP revision
was submitted by the Commonwealth of
Pennsylvania, through the Pennsylvania
Department of Environmental Protection
(PADEP), on April 23, 2020.
II. Summary of SIP Revision and EPA
Analysis
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pennsylvania’s emissions statement
requirements are codified at 25 Pa Code
chapter 135. Specifically, section
135.21, in accordance with CAA section
SUMMARY: The Environmental Protection 182(a)(3)(B), applies to nitrogen oxides
Agency (EPA) is approving a state
(NOX) and volatile organic compounds
implementation plan (SIP) revision
(VOC) sources within marginal (or
formally submitted by the
worse) nonattainment areas, as well as
Commonwealth of Pennsylvania. This
major NOX and VOC sources located in
revision fulfills Pennsylvania’s
attainment areas located within the
emissions statement requirement for the ozone transport region (i.e. the
2015 ozone national ambient air quality remainder of the Commonwealth).
standard (NAAQS). This action is being Affected sources are required annually
taken under the Clean Air Act (CAA).
to provide PADEP with a statement
DATES: This final rule is effective on
containing the source’s actual NOX and
September 24, 2021.
VOC emissions, the method used to
calculate those emissions, the time
ADDRESSES: EPA has established a
period over which the calculations are
docket for this action under Docket ID
Number EPA–R03–OAR–2020–0706. All based, and a certification by an
appropriate company officer that the
documents in the docket are listed on
statement is accurate. 25 Pa Code 135.21
the https://www.regulations.gov
also contains a waiver for sources
website. Although listed in the index,
emitting less than 25 tons per year, in
some information is not publicly
accordance with CAA
available, e.g., confidential business
section182(a)(3)(B)(ii). Additionally, 25
information (CBI) or other information
whose disclosure is restricted by statute. Pa Code 135.5 contains recordkeeping
requirements necessary to document the
Certain other material, such as
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
E:\FR\FM\25AUR1.SGM
25AUR1
47392
Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Rules and Regulations
data presented in the annual emissions
statements.
PADEP’s April 23, 2020 submittal
contains a certification that the existing
emissions statement program remains
adequate under the revised, 2015 ozone
NAAQS. Other specific requirements of
PADEP’s April 23, 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, as a SIP revision,
the Commonwealth of Pennsylvania’s
April 23, 2020 emissions statement
certification for the 2015 ozone NAAQS
as approvable under CAA section
182(a)(3)(B). The Commonwealth’s
emissions statement certification
certifies that the Commonwealth’s
existing SIP-approved emissions
statement program under 25 Pa Code
chapter 135 satisfies the requirements of
CAA section 182(a)(3)(B) for the 2015
ozone NAAQS.
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);
• 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
15:42 Aug 24, 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 00016
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 October 25, 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 the District’s
emissions statement certification for the
2015 ozone NAAQS may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: August 17, 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
‘‘Emissions Statement Certification for
the 2015 Ozone National Ambient Air
Quality Standard’’ at the end of the table
to read as follows:
■
§ 52.2020
*
Identification of plan.
*
*
(e) * * *
(1) * * *
E:\FR\FM\25AUR1.SGM
25AUR1
*
*
Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Rules and Regulations
Name of non-regulatory SIP
revision
Applicable geographic area
*
Emissions Statement Certification for the 2015 Ozone National Ambient Air Quality
Standard.
*
*
The Pennsylvania portion of the
Philadelphia-Wilmington-Atlantic City (PA-NJ-MD-DE)
nonattainment area for the
2015 ozone NAAQS.
*
*
*
*
*
[FR Doc. 2021–18159 Filed 8–24–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0716; FRL–8859–02–
R4]
Air Plan Approval; North Carolina;
Monitoring: Recordkeeping: Reporting
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving changes to
the North Carolina State
Implementation Plan (SIP) submitted
through the North Carolina Division of
Air Quality (NCDAQ) on October 9,
2020. The SIP revision seeks to modify
the State’s monitoring, recordkeeping,
and reporting regulations by adding one
definition, adding references to
approved testing methods, updating the
reference format, and making minor
changes to general formatting and
language use for clarity purposes. EPA
is approving these changes pursuant to
the Clean Air Act (CAA or Act).
DATES: This rule is effective September
24, 2021.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2020–0716. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information 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 either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:42 Aug 24, 2021
Jkt 253001
State submittal date
*
4/23/20
EPA approval date
Additional explanation
*
8/25/21, [insert FEDERAL REGISTER citation].
*
*
Certification that Pennsylvania’s previously SIPapproved regulations at 25 Pa Code chapter
135 meet the emissions statement requirements of CAA section 182(a)(3)(B) for the
2015 ozone NAAQS.
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sarah LaRocca, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, Region 4, U.S.
Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia
30303–8960. The telephone number is
(404) 562–8994. Ms. LaRocca can also
be reached via electronic mail at
larocca.sarah@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is approving changes to the
following SIP-approved regulations
under 15A North Carolina
Administrative Code Subchapter 02D,1
Section .0600, Monitoring:
Recordkeeping: Reporting: 2 Rule .0601,
Purpose and Scope; Rule .0602,
Definitions; Rule .0604, Exceptions to
Monitoring and Reporting
Requirements; Rule .0605, General
Recordkeeping and Reporting
Requirements; and Rule .0606, Sources
Covered by Appendix P of 40 CFR part
51,3 of the North Carolina SIP,
submitted on October 9, 2020.
II. EPA’s Analysis of North Carolina’s
Submittal
The changes that are the subject of
this rulemaking revise monitoring,
recordkeeping, and reporting
regulations under Subchapter 02D of the
North Carolina SIP. Specifically, they
1 In the table of North Carolina regulations
federally approved into the SIP at 40 CFR
52.1770(c), 15A NCAC 02D is referred to as
‘‘Subchapter 2D Air Pollution Control
Requirements.’’
2 Section .0600 is titled ‘‘Air Contaminants;
Monitoring; Reporting’’ in the CFR table. This is
being amended in this notice to read ‘‘Monitoring:
Recordkeeping: Reporting’’.
3 The State submitted the SIP revisions following
the readoption of several air regulations, including
.0601, .0602, .0604, .0605, and .0606, pursuant to
North Carolina’s 10-year regulatory readoption
process at North Carolina General Statute 150B–
21.3A.
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Fmt 4700
47393
Sfmt 4700
revise the SIP by changing a heading,
adding one definition, adding references
to approved testing methods, updating
the reference format, and making minor
changes to general formatting and
language use for clarity purposes. EPA
finds that the changes do not interfere
with any applicable requirement
concerning attainment and reasonable
further progress, or any other applicable
CAA requirement.
In a notice of proposed rulemaking
(NPRM) published on May 20, 2021 (86
FR 27349), EPA proposed to approve
North Carolina’s SIP submission
provided on October 9, 2020. The May
20, 2021, NPRM provides additional
detail regarding the background and
rationale for EPA’s action. Comments on
the May 20, 2021, NPRM were due on
or before June 21, 2021. EPA received
no comments on the May 20, 2021
NPRM.
III. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the following rules in
15A NCAC Subchapter 02D, Section
.0600, Monitoring: Recordkeeping:
Reporting, with a state-effective date of
November 1, 2019: Rule .0601, Purpose
and Scope; Rule .0602, Definitions; Rule
.0604, Exceptions to Monitoring and
Reporting Requirements; Rule .0605,
General Recordkeeping and Reporting
Requirements; and Rule .0606, Sources
Covered by Appendix P of 40 CFR part
51. The changes revise a heading, add
one definition, add references to
approved testing methods, update the
reference format, and make minor
changes to general formatting and
language to provide clarity to the
monitoring, recordkeeping, and
reporting requirements. EPA has made,
and will continue to make, these
materials generally available through
www.regulations.gov and at the EPA
Region 4 office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
E:\FR\FM\25AUR1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Rules and Regulations]
[Pages 47391-47393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18159]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2020-0706; FRL-8845-02-R3]
Air Plan Approval; Pennsylvania; Emissions Statement Rule
Certification for the 2015 Ozone National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision formally submitted by the
Commonwealth of Pennsylvania. This revision fulfills Pennsylvania's
emissions statement requirement for the 2015 ozone national ambient air
quality standard (NAAQS). This action is being taken under the Clean
Air Act (CAA).
DATES: This final rule is effective on September 24, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2020-0706. 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: Serena Nichols, 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-
2053. Ms. Nichols can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On May 14, 2021 (86 FR 26448), EPA published a notice of proposed
rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the NPRM,
EPA proposed approval of the Commonwealth's certification that the
Commonwealth's emissions statement regulation meets the emissions
statement requirement of section 182(a)(3)(B) of the CAA for the 2015
ozone NAAQS. The formal SIP revision was submitted by the Commonwealth
of Pennsylvania, through the Pennsylvania Department of Environmental
Protection (PADEP), on April 23, 2020.
II. Summary of SIP Revision and EPA Analysis
Pennsylvania's emissions statement requirements are codified at 25
Pa Code chapter 135. Specifically, section 135.21, in accordance with
CAA section 182(a)(3)(B), applies to nitrogen oxides (NOX)
and volatile organic compounds (VOC) sources within marginal (or worse)
nonattainment areas, as well as major NOX and VOC sources
located in attainment areas located within the ozone transport region
(i.e. the remainder of the Commonwealth). Affected sources are required
annually to provide PADEP with a statement containing the source's
actual NOX and VOC emissions, the method used to calculate
those emissions, the time period over which the calculations are based,
and a certification by an appropriate company officer that the
statement is accurate. 25 Pa Code 135.21 also contains a waiver for
sources emitting less than 25 tons per year, in accordance with CAA
section182(a)(3)(B)(ii). Additionally, 25 Pa Code 135.5 contains
recordkeeping requirements necessary to document the
[[Page 47392]]
data presented in the annual emissions statements.
PADEP's April 23, 2020 submittal contains a certification that the
existing emissions statement program remains adequate under the
revised, 2015 ozone NAAQS. Other specific requirements of PADEP's April
23, 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, as a SIP revision, the Commonwealth of
Pennsylvania's April 23, 2020 emissions statement certification for the
2015 ozone NAAQS as approvable under CAA section 182(a)(3)(B). The
Commonwealth's emissions statement certification certifies that the
Commonwealth's existing SIP-approved emissions statement program under
25 Pa Code chapter 135 satisfies the requirements of CAA section
182(a)(3)(B) for the 2015 ozone NAAQS.
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);
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 October 25, 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 the District's emissions statement
certification for the 2015 ozone NAAQS may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: August 17, 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 ``Emissions Statement Certification for the 2015 Ozone
National Ambient Air Quality Standard'' at the end of the table to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
[[Page 47393]]
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State
Name of non-regulatory SIP Applicable submittal EPA approval date Additional
revision geographic area date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Emissions Statement Certification The Pennsylvania 4/23/20 8/25/21, [insert Certification that
for the 2015 Ozone National portion of the Federal Register Pennsylvania's
Ambient Air Quality Standard. Philadelphia- citation]. previously SIP-
Wilmington-Atlantic approved
City (PA-NJ-MD-DE) regulations at 25
nonattainment area Pa Code chapter 135
for the 2015 ozone meet the emissions
NAAQS. statement
requirements of CAA
section
182(a)(3)(B) for
the 2015 ozone
NAAQS.
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* * * * *
[FR Doc. 2021-18159 Filed 8-24-21; 8:45 am]
BILLING CODE 6560-50-P
