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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Proposed Rules
of the 2012 annual PM2.5 NAAQS, so long as the area continues to meet the NAAQS, until the area is redesignated to attainment. If this proposed CDD
action is finalized, the FIP clock triggered by the EPAs April 6, 2018
finding of failure to submit will be suspended for these plan elements for as long as the CDD remains in effect.12
EPAs May 14, 2021 conditional approval of the contingency measures element of the Allegheny County Area PM2.5 Plan suspended EPAs FIP
obligation with respect to this element of the plan for the duration of the conditional approval. If EPA approves a SIP submission fulfilling the State commitment that had provided the basis for the conditional approval, the FIP
obligation triggered by EPAs April 6, 2018 finding of failure to submit will be terminated. Alternatively, if the State fails to fulfill its commitment and EPA
converts the conditional approval to a disapproval, the conditional approval would no longer provide a basis for suspending EPAs FIP obligation, because the State would have failed to correct the deficiency identified in EPAs April 6, 2018 finding of failure to submit.13 If, however, EPA finalizes our proposed CDD for the area, the CDD
would provide an independent basis for continued suspension of the FIP
obligation, for so long as the area continues to attain the 2012 PM2.5
NAAQS. If the area then violates the NAAQS and EPA rescinds the CDD, the CDD would also no longer provide a basis for suspending EPAs FIP
obligation, and EPA would have an immediate obligation to promulgate a FIP addressing the contingency measure requirement for the 2012 PM2.5 NAAQS
in the Allegheny County area.
This proposed clean data determination does not constitute a redesignation to attainment of the NAAQS. The Allegheny County Area will remain designated nonattainment for the 2012 annual PM2.5 NAAQS until such time that EPA determines the Allegheny County nonattainment area meets the CAA requirements for redesignation to attainment, including an approved maintenance plan, pursuant to CAA sections 107 and 175A. EPA is soliciting public comments on this proposed action, which we will consider prior to taking final action.
12 See
83 FR 14759.
FR 14759 April 6, 2018 noting that EPA
is obligated to promulgate a federal implementation plan FIP to address any outstanding SIP
requirements, if a state does not submit, and EPA
does not approve, a states submission within 24
months of the effective date of these findings.
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IV. Statutory and Executive Order Reviews
Reporting and recordkeeping requirements.

This rulemaking action makes a clean data determination for attainment of the 2012 PM2.5 NAAQS based on air quality and does not impose additional requirements. For that reason, this clean data determination:
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;
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 clean data determination for the Allegheny County Area for the 2012 annual PM2.5 NAAQS
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.

Dated: August 26, 2021.
Diana Esher, Acting Regional Administrator, Region III.

List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by reference, Particulate matter, and
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FR Doc. 202119019 Filed 9221; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR08OAR20210005; FRL868304
Region 8

Approval and Promulgation of Implementation Plans; North Dakota;
Revisions To Permitting Regulations Unrelated to Regional Haze; Correction Environmental Protection Agency EPA.
ACTION: Proposed rule; correction.
AGENCY:

The Environmental Protection Agency EPA published a proposed rule in the Federal Register on August 2, 2021. The revisions contain amendments to the State of North Dakotas Air Pollution Control Regulations and to the States Legal Authority. The August 2, 2021
published rule had the incorrect docket number. This published rule corrects the docket number for the August 2, 2021 rulemaking.
DATES: Written comments must be received on or before October 4, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPAR08
OAR20210005, to the Federal Rulemaking Portal: https
www.regulations.gov. Follow the online instructions for submitting comments.
Once submitted, comments cannot be edited or removed from www.regulations.gov. The 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. The 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, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on SUMMARY:

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