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Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Proposed Rules
These comments will be considered before taking final action.

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IV. Statutory and Executive Order Reviews 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, 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 proposed 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. 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.

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In addition, this proposed rulemaking, proposing approval of Pennsylvanias second maintenance plan for the Clearfield/Indiana Area, 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: February 3, 2021.
Diana Esher, Acting Regional Administrator, Region III.
FR Doc. 202102582 Filed 2821; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR03OAR20200489; FRL1001820
Region 3

Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Nonattainment New Source Review Requirements for 2015
8-Hour Ozone Standard Environmental Protection Agency EPA.
ACTION: Proposed rule.
AGENCY:

The Environmental Protection Agency EPA is proposing to approve a state implementation plan SIP revision submitted by the Department of Energy and Environment DOEE of the District of Columbia. This SIP revision will fulfill the District of Columbias Nonattainment New Source Review NNSR SIP element requirement for the 2015 8-hour ozone National Ambient Air Quality Standard NAAQS. 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
OAR20200489 at https
www.regulations.gov, or via email to Opila.MaryCate@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 SUMMARY:

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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. 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:

Matthew Willson, Permits Branch 3AD10, Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone number is 215 8145795.
Mr. Willson can also be reached via electronic mail at Willson.Matthew@
epa.gov.
On May 5, 2020, the DOEE submitted on behalf of the District of Columbia District a formal SIP revision, requesting EPAs approval of its NNSR Certification for the 2015 8-hour ozone NAAQS. The District is certifying that its existing NNSR program, covering the District portion of the Washington, DC-MD-VA
Nonattainment Area Washington Area for the 2015 8-hour ozone NAAQS, is at least as stringent as the requirements at 40 Code of Federal Regulations CFR
51.165, as amended by the final rule titled Implementation of the 2015
National Ambient Air Quality Standards for Ozone: Nonattainment Area State Implementation Plan Requirements SIP Requirements Rule, for ozone and its precursors. See 83 FR 62998
December 6, 2018.

SUPPLEMENTARY INFORMATION:

I. Background On October 1, 2015, EPA promulgated a revised 8-hour ozone NAAQS of 0.070
parts per million ppm. 80 FR 65292
October 26, 2015. Under EPAs regulations at 40 CFR 50.19, the 2015
8-hour ozone NAAQS is attained when the three-year average of the annual fourth-highest daily maximum 8-hour average ambient air quality ozone
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