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Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Proposed Rules
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 proposed rulemaking, approving the Districts 20015 8-hour ozone NAAQS
Certification SIP revision for NNSR, 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

khammond on DSKJM1Z7X2PROD with PROPOSALS

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate Matter, Transportation, Volatile organic compounds.
Dated: February 3, 2021.
Diana Esher, Acting Regional Administrator, Region III.
FR Doc. 202102585 Filed 2821; 8:45 am BILLING CODE 656050P

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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR03OAR20200319; FRL10017
12Region 3

Air Plan Approval; Pennsylvania; 1997
8-Hour Ozone National Ambient Air Quality Standard Second Maintenance Plan for the York-Adams Area 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 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 York-Adams 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
OAR20200319 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 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.
SUMMARY:

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FOR FURTHER INFORMATION CONTACT:

Keila M. Pagan-Incle, 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
8142926. Ms. Pagan-Incle can also be reached via electronic mail at paganincle.keila@epa.gov.
SUPPLEMENTARY INFORMATION: On March 10, 2020, the PADEP submitted a revision to the Pennsylvania SIP to incorporate a plan for maintaining the 1997 ozone NAAQS through February 13, 2028 in accordance with CAA
section 175A.
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 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 York-Adams Area as nonattainment for the 1997
ozone NAAQS.
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 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.
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.

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