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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 areaslike the Greene County Areathat 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 PADEPs February 25, 2020 submittal fulfills Pennsylvanias 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 areas design value 3 is well below the NAAQS and that the historical stability of the areas air quality levels indicates that the area is unlikely to violate the NAAQS in the future. EPA evaluated PADEPs 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 PADEPs February 25, 2020 submittal and the rationale for EPAs 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 PADEPs second maintenance plan for the Greene County Area for the 1997 ozone NAAQS as a revision to the Pennsylvania SIP.

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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.

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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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs 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. 1044;
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 12d 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. 8042.

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C. Petitions for Judicial Review Under section 307b1 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 PADEPs 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 307b2.
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 52APPROVAL 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.

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