Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Rules and Regulations 2. Section 9.2 is amended by revising paragraph f2 to read as follows:

9.2

Effective date; applications

f
2 Paragraph f1 of this section shall not apply to an application or initial premium received after December 11, 2021.
FR Doc. 202112017 Filed 6821; 8:45 am BILLING CODE 832001P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR03OAR20200321; FRL10023
81Region 3

Air Plan Approval; Pennsylvania; 1997
8-Hour Ozone National Ambient Air Quality Standards Second Maintenance Plan for the Tioga County Area
section for additional availability information.
FOR FURTHER INFORMATION CONTACT:
Adam Yarina, 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
8142108. Mr. Yarina can also be reached via electronic mail at Yarina.Adam@epa.gov.
SUPPLEMENTARY INFORMATION:
INFORMATION CONTACT

I. Background On February 8, 2021 86 FR 8569, 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 Tioga County Area through July 6, 2027, in accordance with CAA section 175A. The formal SIP revision was submitted by PADEP on March 10, 2020.

II. Summary of SIP Revision and EPA
Analysis On July 6, 2007 72 FR 36892, effective same day, EPA approved a SUMMARY: The Environmental Protection redesignation request and maintenance plan from PADEP for the Tioga County Agency EPA is approving a state Area. In accordance with CAA section implementation plan SIP revision 175Ab, at the end of the eighth year submitted by the Commonwealth of after the effective date of the Pennsylvania. The revision pertains to the Commonwealths plan, submitted by redesignation, the state must also submit a second maintenance plan to the Pennsylvania Department of ensure ongoing maintenance of the Environmental Protection PADEP, for standard for an additional 10 years, and maintaining the 1997 8-hour ozone in South Coast Air Quality Management national ambient air quality standard District v. EPA,1 the D.C. Circuit held NAAQS referred to as the 1997
that this requirement cannot be waived ozone NAAQS in the Tioga County, for areaslike the Tioga County Area Pennsylvania area Tioga County Area.
that had been redesignated to EPA is approving these revisions to the attainment for the 1997 8-hour ozone Pennsylvania SIP in accordance with NAAQS prior to revocation and that the requirements of the Clean Air Act were designated attainment for the 2008
CAA.
ozone NAAQS. CAA section 175A sets DATES: This final rule is effective on July forth the criteria for adequate 9, 2021.
maintenance plans. In addition, EPA
ADDRESSES: EPA has established a has published longstanding guidance docket for this action under Docket ID
that provides further insight on the Number EPAR03OAR20200321. All content of an approvable maintenance documents in the docket are listed on plan, explaining that a maintenance the https www.regulations.gov plan should address five elements: 1
website. Although listed in the index, An attainment emissions inventory; 2
some information is not publicly a maintenance demonstration; 3 a available, e.g., confidential business commitment for continued air quality information CBI or other information monitoring; 4 a process for verification whose disclosure is restricted by statute. of continued attainment; and 5 a Certain other material, such as contingency plan.2 PADEPs March 10, copyrighted material, is not placed on 2020 submittal fulfills Pennsylvanias the internet and will be publicly 1 882 F.3d 1138 D.C. Cir. 2018.
available only in hard copy form.
2 Procedures for Processing Requests to Publicly available docket materials are Redesignate Areas to Attainment, Memorandum available through https
from John Calcagni, Director, Air Quality www.regulations.gov, or please contact Management Division, September 4, 1992 Calcagni the person identified in the FOR FURTHER Memo.
Environmental Protection Agency EPA.
ACTION: Final rule.

lotter on DSK11XQN23PROD with RULES1

AGENCY:

VerDate Sep<11>2014

17:15 Jun 08, 2021

Jkt 253001

PO 00000

Frm 00009

Fmt 4700

Sfmt 4700

30543

obligation to submit a second maintenance plan and addresses each of the five necessary elements.
As discussed in the February 8, 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 March 10, 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 Tioga County Area as a revision to the Pennsylvania SIP.
Other specific requirements of PADEPs March 10, 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 comments on the February 8, 2021 NPRM from two commenters. All comments received are in the docket for this rulemaking action.
A summary of the comments and EPAs responses are provided herein.
The first commenter asserts that EPA
cannot approve this plan because air quality levels were not at or below 85%
of the NAAQS, and that one of EPAs methods for demonstrating continued future maintenance of the NAAQS is flawed.
Comment 1: The commenter asserts that EPA cannot approve this plan because the air quality has not been below 85% of the NAAQS for the time period EPA claims. The commenter claims that the following statement in EPAs proposed approval of the limited maintenance plan is incorrect: The Tioga County Area has maintained air quality levels below the 1997 ozone NAAQS since the Area first attained the NAAQS in 2006, and maintained air quality levels at or below 85% of the NAAQS since 2009. The commenter claims that this statement is refuted by EPAs own data, which shows the air quality was at 0.071 for the years 2010
2012.
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.

E:FRFM09JNR1.SGM

09JNR1