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Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Proposed Rules 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: February 3, 2021.
Diana Esher, Acting Regional Administrator, Region III.
FR Doc. 202102616 Filed 2821; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR03OAR20200488; FRL10017
25Region 3

Air Plan Approval; Pennsylvania; 1997
8-Hour Ozone National Ambient Air Quality Standard Second Maintenance Plan for the Clearfield/Indiana Area
The Environmental Protection Agency EPA is proposing to approve a state implementation plan SIP revision submitted by the Commonwealth of Pennsylvania. This revision pertains to the Commonwealths 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 Clearfield/
Indiana, Pennsylvania Area. This action is being taken under the Clean Air Act CAA.
DATES: Written comments must be received on or before March 11, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPAR03
OAR20200488 at https
www.regulations.gov, or via email to Gordon.Mike@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket.
Do not submit electronically any
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On February 27, 2020, the PADEP
submitted a revision to the Pennsylvania SIP to incorporate a plan for maintaining the 1997 ozone NAAQS
in the Clearfield/Indiana Area through April 20, 2029, in accordance with CAA
section 175A.

SUPPLEMENTARY INFORMATION:

Environmental Protection Agency EPA.
ACTION: Proposed rule.
AGENCY:

SUMMARY:

information you consider to be confidential business information CBI
or other information whose disclosure is restricted by statute. Multimedia submissions audio, video, etc. must be accompanied by a written comment.
The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission i.e., on the web, cloud, or other file sharing system. For additional submission methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Serena Nichols, Planning &
Implementation Branch 3AD30, Air &
Radiation Division, U.S. Environmental Protection Agency, Region III, 1650
Arch Street, Philadelphia, PA 19103.
The telephone number is 215 814
2053. Ms. Nichols can also be reached via electronic mail at Nichols.Serena@
epa.gov.

I. Background In 1979, under section 109 of the CAA, EPA established primary and secondary NAAQS for ozone at 0.12
parts per million ppm, averaged over a 1-hour period. 44 FR 8202 February 8, 1979. On July 18, 1997 62 FR
38856,1 EPA revised the primary and secondary NAAQS for ozone to set the acceptable level of ozone in the ambient air at 0.08 ppm, averaged over an 8-hour period. EPA set the 1997 ozone NAAQS
based on scientific evidence demonstrating that ozone causes adverse health effects at lower concentrations and over longer periods of time than was understood when the 1 In March 2008, EPA completed another review of the primary and secondary ozone standards and tightened them further by lowering the level for both to 0.075 ppm. 73 FR 16436 March 27, 2008.
Additionally, in October 2015, EPA completed a review of the primary and secondary ozone standards and tightened them by lowering the level for both to 0.70 ppm. 80 FR 65292 October 26, 2015.

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pre-existing 1-hour ozone NAAQS was set.
Following promulgation of a new or revised NAAQS, EPA is required by the CAA to designate areas throughout the nation as attaining or not attaining the NAAQS. On April 30, 2004 69 FR
23858, EPA designated the Clearfield/
Indiana Area as nonattainment for the 1997 ozone NAAQS. The Clearfield/
Indiana Area consists of Clearfield and Indiana Counties in Pennsylvania.
Once a nonattainment area has three years of complete and certified air quality data that has been determined to attain the NAAQS, and the area has met the other criteria outlined in CAA
section 107d3E,2 the state can submit a request to EPA to redesignate the area to attainment. Areas that have been redesignated by EPA from nonattainment to attainment are referred to as maintenance areas. One of the criteria for redesignation is to have an approved maintenance plan under CAA
section 175A. The maintenance plan must demonstrate that the area will continue to maintain the standard for the period extending 10 years after redesignation, and it must contain such additional measures as necessary to ensure maintenance as well as contingency measures as necessary to assure that violations of the standard will be promptly corrected.
On March 19, 2009 74 FR 11674, EPA approved a redesignation request and maintenance plan from PADEP for the Clearfield/Indiana Area. In accordance with section 175Ab, 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.
EPAs final implementation rule for the 2008 ozone NAAQS revoked the 1997 ozone NAAQS and provided that one consequence of revocation was that areas that had been redesignated to attainment i.e., maintenance areas for the 1997 ozone NAAQS no longer needed to submit second 10-year maintenance plans under CAA section 175Ab.3 However, in South Coast Air Quality Management District v. EPA 4
South Coast II, the United States Court of Appeals for the District of Columbia D.C. Circuit vacated EPAs 2 The requirements of CAA section 107d3E
include attainment of the NAAQS, full approval under section 110k of the applicable SIP, determination that improvement in air quality is a result of permanent and enforceable reductions in emissions, demonstration that the state has met all applicable section 110 and part D requirements, and a fully approved maintenance plan under CAA
section 175A.
3 See 80 FR 12315 March 6, 2015.
4 882 F.3d 1138 D.C. Cir. 2018.

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