Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations 8697 

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. 

MASSACHUSETTS NON REGULATORY

Name of non regulatory SIP 

provision 

Applicable geographic 

or nonattainment area 

State submittal date/ 

effective date EPA approved date 3 Explanations 

*******

Infrastructure SIP submittal for 

2015 Ozone NAAQS.

Statewide ................... September 27, 2018 February 9, 2021, [Insert Federal Register citation].Approved with respect to requirements for CAA 

section 110(a)(2)(A), (B), (C), (D), (E), (F), 

(G), (H), (J), (K), (L), and (M) with the exception of the PSD-related requirements of (C), 

(D), and (J). 

3To determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 

[FR Doc. 2021–02536 Filed 2–8–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2020–0332; FRL–10017– 

26–Region 3] 

Air Plan Approval; Pennsylvania; 1997 

8-Hour Ozone National Ambient Air 

Quality Standard (NAAQS) Second 

Maintenance Plan for the Altoona (Blair 

County) Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania. This revision pertains to 

the Commonwealth’s plan, submitted by 

the Pennsylvania Department of 

Environmental Protection (PADEP), for 

maintaining the 1997 8-hour ozone 

national ambient air quality standard 

(NAAQS) (referred to as the ‘‘1997 

ozone NAAQS’’) in the Altoona, Blair 

County, Pennsylvania area (Altoona 

Area). EPA is approving these revisions 

to the Pennsylvania SIP in accordance 

with the requirements of the Clean Air 

Act (CAA). 

DATES: This final rule is effective on 

March 11, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2020–0332. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

David Talley, Planning & 

Implementation Branch (3AD30), Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. The telephone number is (215) 

814–2117. Mr. Talley can also be 

reached via electronic mail at 

talley.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On September 3, 2020 (85 FR 54947), 

EPA published a notice of proposed 

rulemaking (NPRM) for the 

Commonwealth of Pennsylvania. In the 

NPRM, EPA proposed approval of 

Pennsylvania’s plan for maintaining the 

1997 ozone NAAQS in the Altoona Area 

through August 1, 2027, in accordance 

with CAA section 175A. The formal SIP 

revision was submitted by PADEP on 

February 27, 2020. 

II. Summary of SIP Revision and EPA 

Analysis 

On August 1, 2007 (72 FR 41906 

effective August 1, 2007), EPA approved 

a redesignation request (and 

maintenance plan) from PADEP for the 

Altoona Area. In accordance with 

section 175A(b), at the end of the eighth 

year after the effective date of the 

redesignation, the state must also 

submit a second maintenance plan to 

ensure ongoing maintenance of the 

standard for an additional 10 years, and 

in South Coast Air Quality Management 

District v. EPA,1 the D.C. Circuit held 

that this requirement cannot be waived 

for areas, like Charleston, that had been 

redesignated to attainment for the 1997 

8-hour ozone NAAQS prior to 

revocation and that were designated 

attainment for the 2008 ozone NAAQS. 

CAA section 175A sets forth the criteria 

for adequate maintenance plans. In 

addition, EPA has published 

longstanding guidance that provides 

further insight on the content of an 

approvable maintenance plan, 

explaining that a maintenance plan 

should address five elements: (1) An 

attainment emissions inventory; (2) a 

maintenance demonstration; (3) a 

commitment for continued air quality 

monitoring; (4) a process for verification 

of continued attainment; and (5) a 

contingency plan.2 PADEP’s February 

27, 2020 submittal fulfills 

Pennsylvania’s obligation to submit a 

second maintenance plan and addresses 

each of the five necessary elements. 

As discussed in the September 3, 

2020 NPRM, EPA allows the submittal 

of a less rigorous, limited maintenance 

plan (LMP) to meet the CAA section 

175A requirements by demonstrating 

that the area’s design value 3 is well 

below the NAAQS and that the 

historical stability of the area’s air 

quality levels shows that the area is 

unlikely to violate the NAAQS in the 

future. EPA evaluated PADEP’s 

February 27, 2020 submittal for 

consistency with all applicable EPA 

guidance and CAA requirements. EPA 

found that the submittal met CAA 

section 175A and all CAA requirements, 

and proposed approval of the LMP for 

the Altoona Area as a revision to the 

Pennsylvania SIP. The effect of this 

action makes certain commitments 

related to the maintenance of the 1997 

ozone NAAQS Federally enforceable as 

part of the Pennsylvania SIP. 

Subsequent to the publication of the 

September 3, 2020 NPRM, EPA 

discovered a minor computational error 

in the data presented in Table 1: 

‘‘Typical Summer Day NOX and VOC 

Emissions for the Altoona Area.’’ While 

the data are correct, the total volatile 

organic compounds (VOC) emissions 

were summed incorrectly in Table 1. 


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8698 Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations 

The correct total is 10.90 tons/day, not 

11.90 tons/day as presented in the table. 

See 85 FR 54948. However, since the 

actual data are correct, and since the 

incorrect total over-reports rather than 

under-reports the emissions, EPA 

believes this to be a harmless error 

which does not impact the rationale in 

the NPRM for our approval of 

Pennsylvania’s submittal. Other specific 

requirements of PADEP’s February 27, 

2020 submittal and the rationale for 

EPA’s proposed action are explained in 

the NPRM and will not be restated here. 

No public comments were received on 

the NPRM. 

III. Final Action 

EPA is approving the 1997 8-hour 

ozone NAAQS limited maintenance 

plan for the Altoona Area as a revision 

to the Pennsylvania SIP. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because it is not a significant 

regulatory action under Executive Order 

12866. 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by April 12, 2021. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. 

This action pertaining to 

Pennsylvania’s second maintenance 

plan for the Altoona Area may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: February 3, 2021. 

Diana Esher, 

Acting Regional Administrator, Region III. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(e)(1) is amended by adding an entry for 

‘‘Second Maintenance Plan for the 

Altoona (Blair County) 1997 8-Hour 

Ozone Nonattainment Area’’ at the end 

of the table to read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(e) * * * 

(1) * * * 


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Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations 8699 

Name of non-regulatory SIP revision Applicable geographic area 

State 

submittal 

date 

EPA approval date Additional 

explanation 

*******

Second Maintenance Plan for the Altoona (Blair County) 1997 8-Hour 

Ozone Nonattainment Area.

Blair County ....................... 2/27/20 2/9/21, [insert Federal 

Register citation].

* * * * * 

[FR Doc. 2021–02583 Filed 2–8–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R03–OAR–2019–0527; FRL–10018– 

21–Region 3] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants; State of 

Maryland; Control of Emissions From 

Existing Sewage Sludge Incineration 

Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a negative 

declaration submitted by the State of 

Maryland for Sewage Sludge 

Incineration (SSI) units. This negative 

declaration submitted by the Maryland 

Department of the Environment (MDE) 

certifies that SSI units subject to 

sections 111(d) and 129 of the Clean Air 

Act (CAA) do not exist within the 

jurisdiction of the State of Maryland. 

EPA is approving this certification in 

accordance with the requirements of the 

CAA. 

DATES: This final rule is effective on 

March 11, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2019–0527. 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: 

Matthew Willson, Permits Branch 

(3AD10), Air & Radiation Division, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, PA 19103. The telephone 

number is (215) 814–5795. Mr. Willson 

can also be reached via electronic mail 

at Willson.Matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 15, 2020 (85 FR 42807), EPA 

published a notice of proposed 

rulemaking (NPRM) for the State of 

Maryland. In the NPRM, EPA proposed 

approval of a negative declaration 

submitted by the State of Maryland for 

Sewage Sludge Incineration (SSI) units. 

This negative declaration submitted by 

MDE certifies that SSI units subject to 

sections 111(d) and 129 of the CAA do 

not exist within the jurisdiction of the 

State of Maryland. The negative 

declaration was submitted by MDE on 

January 20, 2017. 

The CAA requires that state regulatory 

agencies implement emission guidelines 

and associated compliance times using 

a state plan developed under sections 

111(d) and 129 of the CAA. The general 

provisions for the submittal and 

approval of state plans are codified in 

40 Code of Federal Regulations (CFR) 

part 60, subpart B and 40 CFR part 62, 

subpart A. Section 111(d) establishes 

general requirements and procedures on 

state plan submittals for the control of 

designated pollutants. Section 129 

requires emission guidelines to be 

promulgated for all categories of solid 

waste incineration units, including SSI 

units. SSI units are defined at 40 CFR 

60.5250 as ‘‘an incineration unit 

combusting sewage sludge for the 

purpose of reducing the volume of the 

sewage sludge by removing combustible 

matter. Sewage sludge incineration unit 

designs include fluidized bed and 

multiple hearth. A SSI unit also 

includes, but is not limited to, the 

sewage sludge feed system, auxiliary 

fuel feed system, grate system, flue gas 

system, waste heat recovery equipment, 

if any, and bottom ash system. The SSI 

unit includes all ash handling systems 

connected to the bottom ash handling 

system. The combustion unit bottom ash 

system ends at the truck loading station 

or similar equipment that transfers the 

ash to final disposal. The SSI unit does 

not include air pollution control 

equipment or the stack.’’ 

Section 129 mandates that all plan 

requirements be at least as protective as 

the promulgated emission guidelines. 

This includes fixed final compliance 

dates, fixed compliance schedules, and 

title V permitting requirements for all 

affected sources. Section 129 also 

requires that state plans be submitted to 

EPA within one year after EPA’s 

promulgation of the emission guidelines 

and compliance times. 

States have options other than 

submitting a state plan in order to fulfill 

their obligations under CAA sections 

111(d) and 129. If a state does not have 

any existing SSI units for the relevant 

emission guidelines, a letter can be 

submitted certifying that no such units 

exist within the state (i.e., negative 

declaration) in lieu of a state plan, in 

accordance with 40 CFR 60.5010. The 

negative declaration exempts the state 

from the requirements of subpart B that 

would otherwise require the submittal 

of a CAA section 111(d)/129 plan. 

On March 21, 2011 (76 FR 15372), 

EPA finalized emission guidelines for 

SSI units at 40 CFR part 60, subpart 

MMMM. Following the 2011 final rule, 

MDE determined that there was one SSI 

facility in Maryland that met the 

applicability criteria for the Federal 

plan. On January 20, 2017, MDE 

submitted a letter to EPA requesting full 

delegation of authority to implement the 

SSI Federal plan. However, that facility 

has now permanently shut down and 

has relinquished its title V permit to 

operate. Accordingly, MDE sent a 

negative declaration for SSI units on 

April 3, 2020. 

II. Final Action 

In this action, EPA amends 40 CFR 

part 62 to reflect receipt of the negative 

declaration letter from MDE, received 

April 3, 2020, certifying that there are 

no existing SSI units subject to 40 CFR 

part 60, subpart MMMM, in accordance 

with section 111(d) and 129 of the CAA. 

EPA is accepting the negative 

declaration in accordance with the 


khammond on DSKJM1Z7X2PROD with RULES