Federal Register - June 1, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations We accept anonymous comments. All comments received will be posted without change to https
www.regulations.gov and will include any personal information you have provided. For more about privacy and submissions in response to this document, see DHSs eRulemaking System of Records notice 85 FR 14226, March 11, 2020.
Documents mentioned as being available in this docket and all public comments, will be in our online docket at https www.regulations.gov and can be viewed by following that websites instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified of any posting or updates to the docket.
Dated: May 20, 2021.
Douglas A. Blakemore, Bridge Administrator, Eighth Coast Guard District.
FR Doc. 202111396 Filed 52821; 8:45 am BILLING CODE 911004P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR03OAR20200553; FRL10023
65Region 3
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Air Plan Approval; Pennsylvania; 1997
8-Hour Ozone National Ambient Air Quality Standard Second Maintenance Plan for the Erie Area
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:
Serena Nichols, 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
8142053. Ms. Nichols can also be reached via electronic mail at Nichols.Serena@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background On February 9, 2021 86 FR 8722, EPA published a notice of proposed rulemaking NPRM. In the NPRM, EPA
proposed approval of Pennsylvanias plan for maintaining the 1997 ozone NAAQS in the Erie Area through November 8, 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 AGENCY: Environmental Protection On October 9, 2007 72 FR 57207, Agency EPA.
effective November 8, 2007, EPA
ACTION: Final rule.
approved a redesignation request and SUMMARY: The Environmental Protection maintenance plan from PADEP for the Erie Area. In accordance with CAA
Agency EPA is approving a state section 175Ab, at the end of the eighth implementation plan SIP revision year after the effective date of the submitted by the Commonwealth of redesignation, the state must also Pennsylvania. The revision pertains to the Commonwealths plan, submitted by submit a second maintenance plan to ensure ongoing maintenance of the the Pennsylvania Department of standard for an additional 10 years, and Environmental Protection PADEP, for in South Coast Air Quality Management maintaining the 1997 8-hour ozone District v. EPA,1 the D.C. Circuit held national ambient air quality standard that this requirement cannot be waived NAAQS referred to as the 1997
for areas, like the Erie Area, that had ozone NAAQS in the Erie, Pennsylvania area Erie Area. EPA is been redesignated to attainment for the 1997 8-hour ozone NAAQS prior to approving these revisions to the revocation and that were designated Pennsylvania SIP in accordance with attainment for the 2008 ozone NAAQS.
the requirements of the Clean Air Act CAA section 175A sets forth the criteria CAA.
for adequate maintenance plans. In DATES: This final rule is effective on July addition, EPA has published 1, 2021.
longstanding guidance that provides ADDRESSES: EPA has established a further insight on the content of an docket for this action under Docket ID
approvable maintenance plan, Number EPAR03OAR20200553. All explaining that a maintenance plan documents in the docket are listed on should address five elements: 1 An the https www.regulations.gov 1 882 F.3d 1138 D.C. Cir. 2018.
website. Although listed in the index,
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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 February 9, 2021
NPRM, EPA allows the submittal of a limited maintenance plan LMP to meet the statutory requirement that the area will maintain for the statutory period.
Qualifying areas may meet the maintenance demonstration by showing that the areas design value 3 is well below the NAAQS and that the historical stability of the areas air quality levels indicates 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 Erie Area as a revision to 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 four comments on the February 9, 2021 NPRM but only one that was adverse and relevant to this action. All comments are in the docket for this rule action. A summary of the relevant adverse comment and EPAs response is provided herein.
Comment: The commenter asserts that the LMP should not be approved because Pennsylvania identifies no actual contingency measures.
According to the commenter, a contingency measure is supposed to be a known measure that can be quickly implemented by a state in order to prevent the violation of the NAAQS.
The comment asserts that the plans current contingency measures are defective because they allegedly will not be evaluated and determined until after an exceedance of the NAAQS has 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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