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Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Proposed Rules EPA proposes to find that the contingency plan included in PADEPs March 10, 2020 submittal satisfies the pertinent requirements of CAA section 175Ad. EPA notes that while six of the potential contingency measures included in the Commonwealths second maintenance plan are nonregulatory, their inclusion among other measures is overall SIP-strengthening, and their inclusion does not alter EPAs proposal to find the LMP is fully approvable. EPA also finds that the submittal acknowledges Pennsylvanias continuing requirement to implement all pollution control measures that were contained in the SIP before redesignation of the York-Adams Area to attainment.

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E. Transportation Conformity Transportation conformity is required by section 176c of the CAA.
Conformity to a SIP means that transportation activities will not produce new air quality violations, worsen existing violations, or delay timely attainment of the NAAQS CAA
176c1B. EPAs conformity rule at 40 CFR part 93 requires that transportation plans, programs, and projects conform to SIPs and establish the criteria and procedures for determining whether or not they conform. The conformity rule generally requires a demonstration that emissions from the Regional Transportation Plan RTP and the Transportation Improvement Program TIP are consistent with the motor vehicle emissions budget MVEB contained in the control strategy SIP revision or maintenance plan 40 CFR 93.101, 93.118, and 93.124. A MVEB is defined as that portion of the total allowable emissions defined in the submitted or approved control strategy implementation plan revision or maintenance plan for a certain date for the purpose of meeting reasonable further progress milestones or demonstrating attainment or maintenance of the NAAQS, for any criteria pollutant or its precursors, allocated to highway and transit vehicle use and emissions 40 CFR 93.101.
Under the conformity rule, LMP areas may demonstrate conformity without a regional emission analysis 40 CFR
93.109e. However, because LMP areas are still maintenance areas, certain aspects of transportation conformity determinations still will be required for transportation plans, programs, and projects. Specifically, for such determination, RTPs, TIPs and transportation projects still will have to
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demonstrate that they are fiscally constrained 40 CFR 93.108, meet the criteria for consultation 40 CFR 93.105
and 93.112 and transportation control measure implementation in the conformity rule provisions 40 CFR
93.113.
Additionally, conformity determinations for RTPs and TIPs, must be determined no less frequently than every four years, and conformity of transportation plan and TIP
amendments and transportation projects is demonstrated in accordance with the timing requirements specified in 40 CFR
93.104. In addition, for projects to be approved, they must come from a currently conforming RTP and TIP 40
CFR 93.114 and 93.115. The YorkAdams Area remains under the obligation to meet the applicable conformity requirements for the 1997
ozone NAAQS.
III. Proposed Action EPAs review of PADEPs March 10, 2020 submittal indicates that YorkAdams Area second maintenance plan meets the CAA section 175A and all applicable CAA requirements. EPA is proposing to approve the second maintenance plan for the York-Adams Area as a revision to the Commonwealth of Pennsylvania SIP. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action.
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;

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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 proposed rulemaking, proposing approval of Pennsylvanias second maintenance plan for the York-Adams 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. 202102581 Filed 2821; 8:45 am BILLING CODE 656050P

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