Air Plan Approval; Pennsylvania; 1997 8-Hour Ozone National Ambient Air Quality Standards Second Maintenance Plan for the Greene County Area, 49246-49248 [2021-19016]
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49246
Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations
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INFORMATION CONTACT
List of Subjects in 33 CFR Part 165
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:
Dated: August 27, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2021–18954 Filed 9–1–21; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
40 CFR Parts 9 and 721
■
1. The authority citation for part 165
continues to read as follows:
[EPA–HQ–OPPT–2019–0359; FRL–7486–01–
OCSPP]
Authority: 46 U.S.C. 70034, 70051; 33 CFR
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Department of Homeland Security Delegation
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RIN 2070–AB27
2. Add § 165.T08–0690 to read as
follows:
Correction
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§ 165.T08–0690 Safety Zone; Kanawha
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lotter on DSK11XQN23PROD with RULES1
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VerDate Sep<11>2014
15:55 Sep 01, 2021
Jkt 253001
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§ 721.11301
[Corrected]
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■ 2. On the same page, in the third
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■
[FR Doc. C1–2021–17388 Filed 9–1–21; 8:45 am]
BILLING CODE 1301–00–PD
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2021–0358; FRL–8686–02–
R3]
Air Plan Approval; Pennsylvania; 1997
8-Hour Ozone National Ambient Air
Quality Standards Second
Maintenance Plan for the Greene
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. The 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
SUMMARY:
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
(NAAQS) (referred to as the ‘‘1997
ozone NAAQS’’) in the Greene County,
Pennsylvania area (Greene County
Area). EPA is approving these revisions
to the Pennsylvania SIP in accordance
with the requirements of the Clean Air
Act (CAA).
DATES: This final rule is effective on
October 4, 2021.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2021–0358. 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:
Adam Yarina, 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)
814–2108. Mr. Yarina can also be
reached via electronic mail at
Yarina.Adam@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 13, 2021, (86 FR 36673), 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 Greene
County Area through April 20, 2029, in
accordance with CAA section 175A. The
formal SIP revision was submitted by
PADEP on February 25, 2020.
II. Summary of SIP Revision and EPA
Analysis
On March 19, 2009 (74 FR 11671,
effective April 20, 2009), EPA approved
a redesignation request and
maintenance plan from PADEP for the
Greene County Area. In accordance with
CAA 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
E:\FR\FM\02SER1.SGM
02SER1
Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations
District v. EPA,1 the D.C. Circuit held
that this requirement cannot be waived
for areas—like the Greene County
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
25, 2020 submittal fulfills
Pennsylvania’s obligation to submit a
second maintenance plan and addresses
each of the five necessary elements.
As discussed in the July 13, 2021
NPRM, EPA allows the submittal of a
limited maintenance plan (LMP) to meet
the statutory requirement that the area
will maintain for the statutory period.
Qualifying areas may meet the
maintenance demonstration by showing
that the area’s design value 3 is well
below the NAAQS and that the
historical stability of the area’s air
quality levels indicates that the area is
unlikely to violate the NAAQS in the
future. EPA evaluated PADEP’s
February 25, 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 Greene County Area as a revision to
the Pennsylvania SIP.
Other specific requirements of
PADEP’s February 25, 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 PADEP’s second
maintenance plan for the Greene County
Area for the 1997 ozone NAAQS as a
revision to the Pennsylvania SIP.
lotter on DSK11XQN23PROD with RULES1
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).
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.
VerDate Sep<11>2014
15:55 Sep 01, 2021
Jkt 253001
49247
IV. Statutory and Executive Order
Reviews
costs on tribal governments or preempt
tribal law.
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 if
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
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).
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
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 November 1, 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 Greene County 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: August 27, 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.
E:\FR\FM\02SER1.SGM
02SER1
49248
Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations
Subpart NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(e)(1) is amended by adding the entry
■
Name of non-regulatory SIP revision
*
*
Second Maintenance Plan for the State
College 1997 8-Hour Ozone Nonattainment Area.
*
*
*
*
Applicable geographic area
Air Plan Approval; California; Imperial
County Air Pollution Control District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the Imperial
County Air Pollution Control District
(ICAPCD or ‘‘District’’) portion of the
California State Implementation Plan
(SIP). The revision concerns emissions
of volatile organic compounds (VOCs)
from gasoline transfers at bulk gasoline
SUMMARY:
Rule #
Identification of plan.
*
*
(e) * * *
(1) * * *
415
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received no comments.
III. EPA Action
No comments were submitted.
Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully
approving this rule into the California
SIP. The November 3, 2020, version of
15:55 Sep 01, 2021
Jkt 253001
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
ICAPCD rules described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these documents
available through www.regulations.gov
and at the EPA Region IX Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
Frm 00020
Fmt 4700
Sfmt 4700
Additional explanation
*
*
The Greene County area
consists solely of
Greene County.
Donnique Sherman, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 947–4129 or by
email at sherman.donnique@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On May 10, 2021 (86 FR 24835), the
EPA proposed to approve the following
rule into the California SIP.
Revised
Rule 415 will replace the previously
approved version of this rule in the SIP.
PO 00000
*
FOR FURTHER INFORMATION CONTACT:
Transfer and Storage of Gasoline ...............................................................
II. Public Comments and EPA
Responses
*
you need assistance in a language other
than English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
Rule title
We proposed to approve this rule
because we determined that it complies
with the relevant CAA requirements.
Our proposed action contains more
information on the rule and our
evaluation.
lotter on DSK11XQN23PROD with RULES1
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2021–0176. 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 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. If
ADDRESSES:
[EPA–R09–OAR–2021–0176; FRL–8759–02–
R9]
*
*
9/2/21, [insert Federal
Register citation].
This rule is effective on October
4, 2021.
40 CFR Part 52
VerDate Sep<11>2014
2/25/20
DATES:
ENVIRONMENTAL PROTECTION
AGENCY
§ 52.2020
EPA approval date
terminals storage. We are approving a
local rule to regulate these emission
sources under the Clean Air Act (CAA
or the Act).
*
BILLING CODE 6560–50–P
ICAPCD .............
State
submittal
date
*
*
Greene County Area .........
[FR Doc. 2021–19016 Filed 9–1–21; 8:45 am]
Local agency
‘‘Second Maintenance Plan for the State
College 1997 8-Hour Ozone
Nonattainment Area’’ at the end of the
table to read as follows:
11/03/2020
Submitted
02/19/2021
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. 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
E:\FR\FM\02SER1.SGM
02SER1
]]>Agencies
[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Rules and Regulations]
[Pages 49246-49248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19016]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0358; FRL-8686-02-R3]
Air Plan Approval; Pennsylvania; 1997 8-Hour Ozone National
Ambient Air Quality Standards Second Maintenance Plan for the Greene
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. The 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 Greene County, Pennsylvania area (Greene County Area). EPA is
approving these revisions to the Pennsylvania SIP in accordance with
the requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on October 4, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2021-0358. 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: Adam Yarina, 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) 814-2108. Mr. Yarina can also be reached
via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On July 13, 2021, (86 FR 36673), 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 Greene County Area through April 20, 2029, in
accordance with CAA section 175A. The formal SIP revision was submitted
by PADEP on February 25, 2020.
II. Summary of SIP Revision and EPA Analysis
On March 19, 2009 (74 FR 11671, effective April 20, 2009), EPA
approved a redesignation request and maintenance plan from PADEP for
the Greene County Area. In accordance with CAA 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
[[Page 49247]]
District v. EPA,\1\ the D.C. Circuit held that this requirement cannot
be waived for areas--like the Greene County 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 25, 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 July 13, 2021 NPRM, EPA allows the submittal of
a limited maintenance plan (LMP) to meet the statutory requirement that
the area will maintain for the statutory period. Qualifying areas may
meet the maintenance demonstration by showing that the area's design
value \3\ is well below the NAAQS and that the historical stability of
the area's air quality levels indicates that the area is unlikely to
violate the NAAQS in the future. EPA evaluated PADEP's February 25,
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 Greene County
Area as a revision to 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 February 25, 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 PADEP's second maintenance plan for the Greene
County Area for the 1997 ozone NAAQS 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 if
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 November 1, 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
Greene County 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: August 27, 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.
[[Page 49248]]
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 State College 1997 8-Hour
Ozone Nonattainment Area'' at the end of the table to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP Applicable submittal EPA approval date Additional
revision geographic area date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Second Maintenance Plan for the Greene County Area.. 2/25/20 9/2/21, [insert The Greene County
State College 1997 8-Hour Ozone Federal Register area consists
Nonattainment Area. citation]. solely of Greene
County.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-19016 Filed 9-1-21; 8:45 am]
BILLING CODE 6560-50-P
