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Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations
EPA is approving these revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act CAA.
DATES: This final rule is effective on March 11, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPAR03OAR20200355. All documents in the docket are listed on the https www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., confidential business information CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through https
www.regulations.gov, or please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section for additional availability information.
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:

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I. Background On September 16, 2020 85 FR 57810, EPA published a notice of proposed rulemaking NPRM for the Commonwealth of Pennsylvania. In the NPRM, EPA proposed approval of Pennsylvanias plan for maintaining the 1997 ozone NAAQS in the Johnstown Area through August 1, 2027, in accordance with CAA section 175A. The formal SIP revision was submitted by PADEP on February 27, 2020.
II. Summary of SIP Revision and EPA
Analysis On August 1, 2007 72 FR 41903, EPA approved a redesignation request and maintenance plan from PADEP for the Johnstown 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, and in South Coast Air Quality Management District v. EPA 1 the D.C. Circuit held that this requirement cannot be waived 1 882

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for areas, like Johnstown, that 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 27, 2020 submittal fulfills Pennsylvanias obligation to submit a second maintenance plan and addresses each of the five necessary elements.
As discussed in the September 16, 2020 NPRM, EPA allows the submittal of a less rigorous, limited maintenance plan LMP to meet the CAA section 175A requirements by demonstrating that the areas design value 3 is well below the NAAQS and that the historical stability of the areas air quality levels shows that the area is unlikely to violate the NAAQS in the future. EPA evaluated PADEPs February 27, 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 Johnstown Area as a revision to the Pennsylvania SIP. The effect of this action makes certain commitments related to the maintenance of the 1997
ozone NAAQS Federally enforceable as part of the Pennsylvania SIP. Other specific requirements of PADEPs February 27, 2020 submittal and the rationale for EPAs proposed action are explained in the NPRM and will not be restated here.
III. EPAs Response to Comments Received EPA received one comment in support of this action.
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. Final Action EPA is approving the 1997 8-hour ozone NAAQS limited maintenance plan for the Johnstown Area as a revision to the Pennsylvania SIP.
V. Statutory and Executive Order Reviews 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, 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 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
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