[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]


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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.

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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.
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    \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).
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    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.
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    \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.
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    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.

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    (e) * * *
    (1) * * *

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                                                             State
  Name of non-regulatory SIP     Applicable  geographic    submittal       EPA approval date        Additional
           revision                       area                date                                 explanation
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                                                  * * * * * * *
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.
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[FR Doc. 2021-02618 Filed 2-22-21; 8:45 am]
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