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Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Proposed Rules and program-specific requirements highlighted in the 2019 document continue to apply, including the extension of the inspection periodicity for participating properties as outlined in section V. HUD extends this demonstration through April 30, 2023.
HUD may amend the demonstration dates in response to changes in programmatic and environmental conditions through subsequent Federal Register publications.
This notification provides operating instructions and procedures in connection with activities under a Federal Register document that has previously been subject to a required environmental review. Accordingly, under 50.19c4, this notification is categorically excluded from environmental review under the National Environmental Policy Act 42
U.S.C. 4321, et seq.
Dominique G. Blom, General Deputy Assistant Secretary for Public and Indian Housing.
FR Doc. 202121049 Filed 92721; 8:45 am BILLING CODE 421067P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR09OAR20200567; FRL900101
R9

Air Plan Approval; Hawaii; Interstate Transport for the 2015 Ozone NAAQS
Environmental Protection Agency EPA.
ACTION: Proposed rule.
AGENCY:

The Environmental Protection Agency EPA is proposing to approve a state implementation plan SIP
submission from the State of Hawaii addressing requirements in the Clean Air Act CAA or Act regarding interstate transport for the 2015 ozone national ambient air quality standards NAAQS. Hawaii submitted a SIP
revision on November 12, 2019
addressing the CAA provision prohibiting any source or other type of emissions activity in one state from emitting any air pollutant in amounts that will contribute significantly to nonattainment or interfere with maintenance of the NAAQS in any other state the good neighbor provision.
The EPA is proposing to approve Hawaiis good neighbor SIP revision for the 2015 ozone NAAQS.

SUMMARY:

01/13/2021-00098/economic-growth-regulatoryrelief-and-consumer-protection-actimplementation-of-national-standards.

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Any comments must arrive by October 28, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPAR09
OAR20200567 at https
www.regulations.gov. Follow the online instructions for submitting comments at Regulations.gov. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any 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. The 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, or if you need assistance in a language other than English or if you are a person with disabilities who needs a reasonable accommodation at no cost to you, 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: Tom Kelly, EPA Region IX, 415 9723856, kelly.thomasp@epa.gov. If you need assistance in a language other than English or if you are a person with disabilities who needs a reasonable accommodation at no cost to you, please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
SUPPLEMENTARY INFORMATION:
Throughout this document, we, us, and our refer to the EPA.
DATES:

I. Background On October 1, 2015, the EPA
promulgated a revision to the ozone NAAQS 2015 ozone NAAQS, lowering the level of both the primary and secondary standards to 0.070 parts per million ppm.1 Section 110a1 of the CAA requires states to submit, within 3 years after promulgation of a new or revised standard, SIP
1 National Ambient Air Quality Standards for Ozone, Final Rule, 80 FR 65292 October 26, 2015.
Although the level of the standard is specified in the units of ppm, ozone concentrations are also described in parts per billion ppb. For example, 0.070 ppm is equivalent to 70 ppb.

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submissions meeting the applicable requirements of section 110a2.2 One of these applicable requirements is found in section 110a2DiI, otherwise known as the good neighbor provision, which generally requires SIPs to contain adequate provisions to prohibit in-state emissions activities from having certain adverse air quality effects on other states due to interstate transport of pollution. There are two socalled prongs within CAA section 110a2DiI. A SIP for a new or revised NAAQS must contain adequate provisions prohibiting any source or other type of emissions activity within the state from emitting air pollutants in amounts that will: Significantly contribute to nonattainment of the NAAQS in another state prong 1; or interfere with maintenance of the NAAQS in another state prong 2. The EPA and states must give independent significance to prong 1 and prong 2
when evaluating downwind air quality problems under CAA section 110a2DiI.3
We note that the EPA has addressed the interstate transport requirements of CAA section 110a2DiI with respect to prior ozone NAAQS in several regional regulatory actions, including the Cross-State Air Pollution Rule CSAPR, which addressed interstate transport with respect to the 1997 ozone NAAQS as well as the 1997
and 2006 fine particulate matter standards,4 the CSAPR Update, and, most recently, the Revised CSAPR
Update for the 2008 ozone NAAQS.5 6
Through the development and implementation of CSAPR and other regional rulemakings pursuant to the good neighbor provision,7 the EPA, 2 SIP revisions that are intended to meet the applicable requirements of section 110a1 and 2
of the CAA are often referred to as infrastructure SIPs and the applicable elements under 110a2
are referred to as infrastructure requirements.
3 See North Carolina v. EPA, 531 F.3d 896, 909
911 2008.
4 76 FR 48208 August 8, 2011.
5 The Revised Cross-State Air Pollution Rule Update for the 2008 Ozone NAAQS 86 FR 23054;
April 30, 2021 was signed by the EPA
Administrator on March 15, 2021 and responded to the remand of the CSAPR Update 81 FR 74504;
October 26, 2016 and the vacatur of a separate rule, the CSAPR Close-Out 83 FR 65878; December 21, 2018 by the D.C. Circuit. Wisconsin v. EPA, 938
F.3d 303 D.C. Cir. 2019; New York v. EPA, 781 F.
Appx. 4 D.C. Cir. 2019.
6 In 2019, the D.C. Circuit Court of Appeals remanded the CSAPR Update to the extent it failed to require upwind states to eliminate their significant contribution by the next applicable attainment date by which downwind states must come into compliance with the NAAQS, as established under CAA section 181a. 938 F.3d 303, 313.
7 In addition to the CSAPR rulemakings, other regional rulemakings addressing ozone transport
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