Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Rules and Regulations 10831 

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). 

3The 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. 

Name of non-regulatory SIP revision Applicable 

geographic area 

State 

submittal 

date 

EPA approval 

date 

Additional 

explanation 

*******

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.

12/10/2019 2/23/2021, [insert 

Federal Register citation].

[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 

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 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. 

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 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 

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 ScrantonVerDate Sep<11>2014 21:28 Feb 22, 2021 Jkt 253001 PO 00000 Frm 00129 Fmt 4700 Sfmt 4700 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); 

• 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 

■ 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) * * * 

Name of non-regulatory SIP revision Applicable 

geographic area 

State 

submittal 

date 

EPA approval date Additional explanation 

*******

Second Maintenance Plan for the ScrantonWilke-Barre 1997 8-Hour Ozone Nonattainment Area.

Scranton-Wilkes-Barre 

Area.

3/10/20 2/23/21, [insert Federal Register citation].Scranton/Wilkes-Barre Area: Lackawanna, 

Luzerne, Monroe and Wyoming Counties. 

* * * * * 

[FR Doc. 2021–02618 Filed 2–22–21; 8:45 am] 

BILLING CODE 6560–50–P