[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Notices]
[Pages 33271-33273]
[FR Doc No: 2016-12350]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2016-0001]

National Advisory Committee on Occupational Safety and Health
(NACOSH)

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Announcement of a NACOSH meeting.

-----------------------------------------------------------------------

SUMMARY: NACOSH will meet June 15, 2016, in Washington, DC. In
conjunction with the committee meeting, the NACOSH Injury and Illness
Prevention Program Work Group will meet June 14, 2016.

DATES: NACOSH meeting: NACOSH will meet from 9 a.m. to 5 p.m.,
Wednesday, June 15, 2016.
    NACOSH Work Group meeting: The NACOSH Injury and Illness Prevention
Program Work Group will meet from 1 p.m. to 5 p.m., Tuesday, June 14.
    Comments, requests to speak, speaker presentations, and requests
for special accommodations: You must submit (postmark, send, transmit)
comments, requests to address NACOSH, speaker presentations, and
requests for special accommodations for the NACOSH and NACOSH Work
Group meetings by June 3, 2016.

ADDRESSES: NACOSH and NACOSH Work Group meetings: NACOSH and the NACOSH
Work Group will meet in Surface Transportation Board Hearing Room 120C,
Patriots Plaza I, 395 E. Street SW., Washington, DC 20024.
    Submission of comments, requests to speak and speaker
presentations: You may submit comments and request to speak at the
NACOSH meeting, identified by the docket number for this Federal
Register notice (Docket No. OSHA-2016-0001), by one of the following
methods:
    Electronically: You may submit materials, including attachments,
electronically at http://www.regulations.gov, the Federal eRulemaking
Portal. Follow the online instructions for making submissions.

    Facsimile: If your submission, including attachments, does not
exceed 10 pages, you may fax it to the OSHA Docket Office at (202) 693-
1648.
    Regular mail, express mail, hand delivery, or messenger/courier
service (hard copy): You may submit your materials to the OSHA Docket
Office, Docket No. OSHA-2016-0001, Room N-2625, U.S. Department of
Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone
(202) 693-2350 (TTY<PHONE_NUMBER>). OSHA's Docket Office accepts
deliveries (hand deliveries, express mail, and messenger/courier
service) during normal business hours, 8:15 a.m. to 4:45 p.m. e.t.,
weekdays.
    Requests for special accommodations: Please submit requests for
special accommodations to attend the NACOSH and NACOSH Work Group
meetings by email, telephone, or hard copy to Ms. Gretta Jameson, OSHA,
Office of Communications, Room N-3647, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210; telephone<PHONE_NUMBER>
(TTY<PHONE_NUMBER>); email<EMAIL_ADDRESS>    Instructions: Your submissions must include the Agency name and the
docket number for this Federal Register notice (Docket No. OSHA-2016-
0001). Due to security-related procedures, receipt of submissions by
regular mail may experience significant delays. Please contact the OSHA
Docket Office for information about security procedures for making
submissions by hand delivery, express delivery, or messenger/courier
service. For additional information about submissions, see the
SUPPLEMENTARY INFORMATION section of this notice.
    OSHA will post in the NACOSH docket, without change, any comments,
requests to speak, and speaker presentations, including any personal
information that you provide. Therefore, OSHA cautions interested
parties about submitting personal information such as Social Security
numbers and birthdates.

FOR FURTHER INFORMATION CONTACT: For press inquiries: Ms. Nancy
Cleeland, Acting Director, OSHA Office of Communications, U.S.
Department of Labor, Room N-3647, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone<PHONE_NUMBER> (TTY<PHONE_NUMBER>);
email<EMAIL_ADDRESS>    For general information: Ms. Michelle Walker, Director, OSHA
Technical Data Center, Directorate of Technical Support and Emergency
Management, U.S. Department of Labor, Room N-2625, 200 Constitution
Avenue NW., Washington, DC 20210; telephone<PHONE_NUMBER> (TTY (877)
889-5627); email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: NACOSH meeting: NACOSH will meet Wednesday,
June 15, 2016, in Washington, DC. Some NACOSH members may attend the
meeting by teleconference. NACOSH meetings are open to the public.
    NACOSH was established by Section 7(a) of the Occupational Safety
and Health Act of 1970 (OSH Act) (29 U.S.C. 651, 656) to advise,
consult with and make recommendations to the Secretary of Labor and the
Secretary of Health and Human Services on matters relating to the
administration of the OSH Act. NACOSH is a continuing advisory
committee of indefinite duration.
    NACOSH operates in accordance with the Federal Advisory Committee
Act (FACA) (5 U.S.C. App. 2), its implementing regulations (41 CFR part
102-3), and OSHA's regulations on NACOSH (29 CFR part 1912a).
    The tentative agenda for the NACOSH meeting includes:
     An update from the Assistant Secretary of Labor for
Occupational Safety and Health on key OSHA initiatives;
     Remarks from the Director of the National Institute for
Occupational Safety and Health;
     Update on OSHA's major regulatory activities;
     Report from the NACOSH Emergency Response Subcommittee;
and
     Update on the NACOSH Injury and Illness Prevention Program
Work Group meeting.
    OSHA transcribes and prepares detailed minutes of NACOSH meetings.
OSHA posts the transcripts and minutes in the public docket along with
written comments, speaker presentations, and other materials submitted
to NACOSH or presented at NACOSH meetings.
    NACOSH Work Group meeting: The NACOSH Injury and Illness Prevention
Program Work Group will meet Tuesday, June 14, 2016. The meeting is
open to the public. The purpose of the meeting is to discuss workplace
safety and health issues regarding contractors at multi-employer
worksites, including workplace protections and best practices as part
of injury and illness prevention programs. There will also be a
discussion on efforts to promote the occupational safety and health
profession.

Public Participation, Submissions and Access to Public Record

    NACOSH and NACOSH Work Group meetings: All NACOSH and NACOSH Work
Group meetings are open to the public. Attendees must have valid
government-issued photo identification (e.g., driver's license) to
enter the building. For additional information about building security
measures for attending the NACOSH and NACOSH Work Group meetings,
please contact Ms. Jameson (see ADDRESSES section).
    Individuals requesting special accommodations to attend the NACOSH
and NACOSH Work Group meetings should contact Ms. Jameson.
    Submission of comments: You may submit comments using one of the
methods listed in the ADDRESSES section. Your submission must include
the Agency name and docket number for this Federal Register notice
(Docket No. OSHA-2016-0001). OSHA will provide copies of any
submissions to the NACOSH members.
    Because of security-related procedures, receipt of submissions by
regular mail may experience significant delays. For information about
security procedures for submitting materials by hand delivery, express
mail, and messenger/courier service, please contact the OSHA Docket
Office.
    Requests to speak and speaker presentations: If you want to address
NACOSH at the meeting you must submit a request to speak, as well as
any written or electronic presentation, by June 3, 2016, using one of
the methods listed in the ADDRESSES section. Your request must state:
     The amount of time requested to speak;
     The interest you represent (e.g., business, organization,
affiliation), if any; and
     A brief outline of the presentation.
    PowerPoint presentations and other electronic materials must be
compatible with PowerPoint 2010 and other Microsoft Office 2010
formats. The NACOSH Chair may grant requests to address NACOSH as time
and circumstances permit.
    Public docket of NACOSH meetings: OSHA places comments, requests to
speak, and speaker presentations, including any personal information
you provide, in the NACOSH docket, without change. Those documents also
may be available online at http://www.regulations.gov. Therefore, OSHA
cautions you about submitting certain personal information such as
Social Security numbers and birthdates.
    OSHA also places in the NACOSH docket meeting transcripts, meeting
minutes, documents presented at the NACOSH meeting, and other documents
pertaining to the NACOSH and NACOSH Work Group meetings. These

documents may be available online at http://www.regulations.gov.
    Access to the public record of NACOSH meetings: To read or download
documents in the NACOSH docket, go to Docket No. OSHA-2016-0001 at
http://www.regulations.gov. The index for that Web page lists all of
the documents in the docket; however, some documents (e.g., copyrighted
materials) are not publicly available through that Web page. All
documents in the NACOSH docket, including materials not available
through http://www.regulations.gov, are available in the OSHA Docket
Office. Please contact the OSHA Docket Office for assistance in making
submissions to, or obtaining materials from, the NACOSH docket.
    Electronic copies of this Federal Register notice are available at
http://www.regulations.gov. This notice, as well as news releases and
other relevant information, also are available on OSHA's Web page at
http://www.osha.gov.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this notice
under the authority granted by 29 U.S.C. 656; 5 U.S.C. App. 2; 29 CFR
part 1912a; 41 CFR part 102-3; and Secretary of Labor's Order No. 1-
2012 (77 FR 3912 (1/25/2012)).

    Signed at Washington, DC, on May 19, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-12350 Filed 5-24-16; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Notices]
[Pages 59926-59927]
[FR Doc No: 2013-23751]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13519-003]

Lock+ Hydro Friends Fund XIX, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions to
Intervene, and Competing Applications

    On April 2, 2013, Lock+ Hydro Friends Fund XIX, LLC filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to study the feasibility of a
hydropower project to be located at the U.S. Army Corps of Engineers'
(Corps) Claiborne Lock & Dam on the Alabama River near the town of
Monroeville in Monroe County, Alabama. The sole purpose of a
preliminary permit, if issued, is to grant the permit holder priority
to file a license application during the permit term. A preliminary
permit does not authorize the permit holder to perform any land-
disturbing activities or otherwise enter upon lands or waters owned by
others without the owners' express permission.
    The proposed project would consist of the following: (1) a concrete
lined intake channel with a trash rack system; (2) a 166.5-foot-long,
165.2-foot-wide powerhouse containing two generating units with a total
capacity of 22 megawatts; (3) a 250-foot-long, 165-foot-wide tailrace;
(4) a 13.8/115 kilo-Volt (kV) substation; and (5) a 5.5-mile-long, 69kV
transmission line. The proposed project would have an average annual
generation of 145,850 megawatt-hours, and operate as directed by the
Corps.
    Applicant Contact: Mr. Wayne Krouse, Lock+ Hydro Friends Fund, LLC,
4900 Woodway, Suite 745 Houston, TX 77056; Phone:<PHONE_NUMBER>
ext.709
    FERC Contact: Christiane Casey<EMAIL_ADDRESS>(202)
502-8577.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters,

without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and
contact information at the end of your comments. For assistance, please
contact FERC Online Support at<EMAIL_ADDRESS>or toll free
at 1-866-208-3676, or for TTY,<PHONE_NUMBER>. Although the Commission
strongly encourages electronic filing, documents may also be paper-
filed. To paper-file, mail an original and five copies to: Kimberly D.
Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street
NE., Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13519) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: September 23, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-23751 Filed 9-27-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Notices]
[Pages 88910-88913]
[FR Doc No: 2023-28430]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2023-0613; FRL-11608-01-OCSPP]

Formaldehyde; Draft Risk Evaluation Peer Review by the Science
Advisory Committee on Chemicals (SACC); Request for Nominations of ad
hoc Expert Reviewers

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is seeking public
nominations of scientific and technical experts that EPA can consider
for service as ad hoc reviewers assisting the Science Advisory
Committee on Chemicals (SACC) with the peer review of the Agency's
evaluation of the risks from formaldehyde being conducted to inform
risk management decisions under the Toxic Substances Control Act (TSCA)
and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
programs. EPA expects to ask the SACC to consider and review the Office
of Pollution, Prevention, and Toxics (OPPT) and the Office of Pesticide
Programs (OPP) joint hazard assessments for human and ecological
health; and the OPPT exposure and risk characterizations. This SACC
peer review is in addition to prior external peer reviews by the
National Academies of Science, Engineering, and Medicine (NASEM), the
EPA's Human Studies Review Board (HSRB) and the SACC. The Agency is
leveraging these peer reviews to support further development of the
risk evaluation of formaldehyde. To facilitate nominations, this
document provides information about the SACC, the intended topic for
the planned peer review, the expertise sought for this peer review,
instructions for submitting nominations to EPA, and the Agency's plan
for selecting the ad hoc reviewers for this peer review.

DATES: Submit your nominations on or before January 25, 2024.

ADDRESSES: Submit your nominations to the Designated Federal Official
(DFO) listed under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: The DFO is Tamue Gibson, MS, Mission
Support Division (7602M), Office of Program Support, Office of Chemical
Safety and Pollution Prevention, Environmental Protection Agency;
telephone number:<PHONE_NUMBER> or call the SACC main office at (202)
564-8450; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. What action is the Agency taking?

    The Agency is seeking public nominations of scientific and
technical experts that EPA can consider for service as ad hoc reviewers
assisting the SACC with the peer review of the Agency's evaluation of
the risks from formaldehyde being conducted to inform risk management
decisions under TSCA and FIFRA programs. EPA expects to ask the SACC to
consider and review the OPPT and OPP joint hazard assessments for human
and ecological health; and the OPPT exposure and risk
characterizations. This SACC peer review is in addition to prior
external peer reviews by the National Academies of Science,
Engineering, and Medicine (NASEM), the EPA's Human Studies Review Board
(HSRB) and the SACC. The Agency is leveraging these peer reviews to
support further development of the risk evaluation of formaldehyde.

To facilitate nominations, this document provides information about the
SACC, the intended topic for the planned peer review, the expertise
sought for this peer review, instructions for submitting nominations to
EPA, and the Agency's plan for selecting the ad hoc reviewers for this
peer review.
    In addition, this document provides advance notice that EPA's plans
to publish in the Federal Register in early 2024 separate documents to:
(1) Announce the availability of and solicit public comment on the
candidate list of ad hoc expert reviewers for this peer review; (2)
Announce a 4-day public meeting of the SACC anticipated to be scheduled
for May 2024; and (3) Announce the availability of and solicit public
comment on the draft documents and related materials submitted to the
SACC for peer review. In these future notices, EPA will also provide
instructions for submitting written comments and for registering to
provide oral comments at the SACC meeting.

B. What is the Agency's authority for taking this action?

    EPA established the SACC in 2016 in accordance with TSCA section
26(o), 15 U.S.C. 2625(o), to provide independent advice and expert
consultation with respect to the scientific and technical aspects of
issues relating to the implementation of TSCA. The SACC operates in
accordance with the Federal Advisory Committee Act (FACA), 5 U.S.C. 10,
and supports activities under TSCA, 15 U.S.C. 2601 et seq., the
Pollution Prevention Act (PPA), 42 U.S.C. 13101 et seq., and other
applicable statutes.

C. Does this action apply to me?

    This action is directed to the public in general. This action may,
however, be of interest to those involved in the manufacture,
processing, distribution, and disposal of chemical substances and
mixtures, and/or those interested in the assessment of risks involving
chemical substances and mixtures regulated under TSCA. Since other
entities may also be interested, the Agency has not attempted to
describe all the specific entities that may be affected by this action.

D. What should I consider as I submit my nominations to EPA?

    Do not submit CBI or other sensitive information to EPA through
https://www.regulations.gov or email. If your nomination contains any
information that you consider to be CBI or otherwise protected, please
contact the DFO listed under FOR FURTHER INFORMATION CONTACT to obtain
special instructions before submitting that information.

II. Background

A. What is the purpose of the SACC?

    The SACC provides independent scientific advice and recommendations
to the EPA on the scientific and technical aspects of risk assessments,
methodologies, and pollution prevention measures and approaches for
chemicals regulated under TSCA. The SACC is comprised of experts in
toxicology; environmental risk assessment; exposure assessment; and
related sciences (e.g., synthetic biology, pharmacology, biotechnology,
nanotechnology, biochemistry, biostatistics, physiologically based
pharmacokinetic (PBPK) modeling, computational toxicology,
epidemiology, environmental fate, environmental engineering and
sustainability). The SACC currently consists of 18 members. When
needed, the committee will be assisted by ad hoc reviewers with
specific expertise in the topics under consideration.

B. Why is EPA conducting the risk evaluation?

    TSCA requires EPA to conduct risk evaluations on prioritized
chemical substances and identifies the minimum components the Agency
must include in all chemical substance risk evaluations. The purpose of
conducting risk evaluations is to determine whether a chemical
substance presents an unreasonable risk to human health or the
environment under the chemical's conditions of use (COUs). These
evaluations include assessing risks to relevant potentially exposed or
susceptible subpopulations. As part of this process, EPA integrates
hazard and exposure assessments using the best available science and
reasonably available information to assure decisions are based on the
weight of the scientific evidence (WoSE). For more information about
the three stages of EPA's process for ensuring the safety of existing
chemicals (i.e., prioritization, risk evaluation, and risk management),
go to https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/how-epa-evaluates-safety-existing-chemicals.

C. What is the focus of this SACC peer review?

    EPA is planning this SACC peer review of the Agency's evaluation of
the risks from formaldehyde being conducted to inform risk management
decisions under TSCA and FIFRA programs. EPA expects to ask the SACC to
consider and review the OPPT and OPP joint hazard assessments for human
and ecological health; and the OPPT exposure and risk
characterizations. This SACC peer review is in addition to prior
external peer reviews by the NASEM, the EPA's HSRB and the SACC. The
Agency is leveraging these peer reviews to support further development
of the risk evaluation of formaldehyde. The TSCA risk evaluation of
formaldehyde is expected to comprise several modules (i.e., human
health hazard, ecological hazard, release and exposure assessments) and
two risk assessment documents--the ecological risk assessment and the
human health risk assessment. As part of the TSCA risk evaluation for
formaldehyde, OPPT is assessing formaldehyde COUs (e.g., composite wood
products, plastics, rubber, toys, and various adhesives and sealants).
    Recommendations from the formaldehyde SACC review will be
considered in the development of the TSCA and FIFRA risk evaluations
and may inform other EPA efforts related to the assessment and
regulation of formaldehyde. The Agency will be seeking SACC review of
its data analyses and methodologies relevant to human health hazard and
exposure analyses that have not been previously peer reviewed.
    With respect to the formaldehyde human health hazard identification
and dose-response analysis for acute inhalation and dermal routes, EPA
is relying on peer review from three HSRB meetings:October 2022, May
2023, and October 2023. The HSRB reviewed the WoSE for EPA's acute
inhalation point of departure (POD). Because the Agency's updated
hazard characterization takes into consideration the HSRB's
recommendations, EPA will not be soliciting review of the acute
inhalation POD or WoSE. The HSRB reviewed relevant dermal studies, but
not the WoSE for establishing the dermal POD. As such, EPA will seek
review of the dermal POD and WoSE.
    For chronic inhalation exposure and the cancer inhalation unit risk
(IUR), the Agency intends to defer to the draft 2022 Integrated Risk
Information System Toxicological Review of Formaldehyde and associated
2023 review by the NASEM. In part due to overlapping discussion of
specific studies under review by NASEM and the HSRB, the latter
recommended in its July 2023 report that EPA conduct a more coordinated
peer review approach with other entities (e.g., NASEM, HSRB, SACC)
regarding advice in establishing PODs for formaldehyde. In response to
this recommendation, EPA intends to

solicit comment on the chronic inhalation reference concentration
(RfC).
    The Agency intends to seek review of the oral POD and WoSE
including the Agency's assessment of the strengths and uncertainties in
the underlying data and the utility of the data for risk assessment
purposes. The Agency anticipates several areas of peer review related
to human and environmental exposure to formaldehyde. EPA intends to
request SACC review of how the environmental fate and monitoring data
are used to support the qualitative assessment of formaldehyde exposure
via water and land pathways to human and ecological populations. The
Agency intends to seek SACC review related to EPA's assessment of
formaldehyde air exposure via inhalation to terrestrial species based
on fate, exposure modeling, monitoring, and toxicity data.
    EPA intends to request SACC review on the Agency's interpretation
of the available occupational monitoring data utilized in the
formaldehyde occupational exposure assessment. The request for SACC
review will focus on unique attributes considered and relied upon in
the exposure assessment, including use of short-term exposure
estimates, application of data relevancy, and evidence integration
strategies.
    EPA intends to seek review on its qualitative assessment of
consumer exposure via the oral route. The Agency based this assessment
on available data for TSCA COUs, indicating that formaldehyde is not
expected to be released from consumer products or, if released, will
not be available for uptake via an oral exposure route (e.g.,
mouthing).
    EPA intends to seek SACC review of the approach used to assess
indoor air exposures, which considers both modeled and monitored
formaldehyde concentrations.
    EPA intends to seek review on the interpretation and assessment of
ambient air monitoring data and its use in the risk evaluation.
However, the Agency is not intending to request review on the modeling
methods used to estimate formaldehyde exposure in ambient (outdoor) air
as the methods used have been previously peer reviewed. SACC already
reviewed both the Draft TSCA Screening Level Approach for Assessing
Ambient Air and Water Exposures to Fenceline Communities, Version 1.0
and the 2023 Draft Supplement to the 1,4-Dioxane Risk Evaluation.
Furthermore, feedback from these reviews have been incorporated into
the draft formaldehyde risk assessment.
    EPA intends to request review of the assessment of aggregate
exposure to formaldehyde.

III. Nominations of ad hoc Reviewers

A. Why is EPA seeking nominations for ad hoc reviewers?

    As part of a broader process for developing a pool of candidates
for SACC peer reviews, EPA is asking the public and stakeholder
communities for nominations of scientific and technical experts that
EPA can consider as prospective candidates for service as ad hoc
reviewers assisting the SACC with the peer reviews. Any interested
person or organization may nominate qualified individuals for
consideration as prospective candidates for this review by following
the instructions provided in this document. Individuals may also self-
nominate.
    Those who are selected from the pool of prospective candidates will
be invited to attend the public meeting and to participate in the
discussion of key issues and assumptions at the meeting. In addition,
they will be asked to review and to help finalize the meeting minutes.

B. What expertise is sought for this peer review?

    Individuals nominated for this SACC peer review, should have
expertise in one or more of the following areas: Indoor air quality;
ambient air quality; exposure science with experience in air modeling
and monitoring (for review of air exposure analysis); risk assessment
(experience in chemicals and environmental fate of chemicals with
background in risk assessment, aggregate exposure and risk assessment,
industrial hygiene, ecological/terrestrial exposure); inhalation
toxicology; dermal sensitization; statistics (experience in air quality
data for review of interpretation of available monitoring data,
experience in interpretation of environmental release data (e.g., Toxic
Release Inventory (TRI) and National Emissions Inventory (NEI)));
epidemiology; and toxicology with expertise in interpreting
gastrointestinal toxicity data associated with oral chemical exposure.
Nominees should be scientists who have sufficient professional
qualifications, including training and experience, to be capable of
providing expert comments on the scientific issues for this review.

C. How do I make a nomination?

    By the deadline indicated under DATES, submit your nomination to
the DFO listed under FOR FURTHER INFORMATION CONTACT. Each nomination
should include the following information: Contact information for the
person making the nomination; name, affiliation, and contact
information for the nominee; and the disciplinary and specific areas of
expertise of the nominee.

D. Will ad hoc reviewers be subjected to an ethics review?

    SACC members and ad hoc reviewers are subject to the provisions of
the Standards of Ethical Conduct for Employees of the Executive Branch
at 5 CFR part 2635, conflict of interest statutes in Title 18 of the
United States Code and related regulations. In anticipation of this
requirement, prospective candidates for service on the SACC will be
asked to submit confidential financial information which shall fully
disclose, among other financial interests, the candidate's employment,
stocks and bonds, and where applicable, sources of research support.
EPA will evaluate the candidates' financial disclosure forms to assess
whether there are financial conflicts of interest, appearance of a loss
of impartiality, or any prior involvement with the development of the
documents under consideration (including previous scientific peer
review) before the candidate is considered further for service on the
SACC.

E. How will EPA select the ad hoc reviewers?

    The selection of scientists to serve as ad hoc reviewers for the
SACC is based on the function of the Committee and the expertise needed
to address the Agency's charge to the Committee. No interested
scientists shall be ineligible to serve by reason of their membership
on any other advisory committee to a federal department or agency or
their employment by a federal department or agency, except EPA. Other
factors considered during the selection process include availability of
the prospective candidate to fully participate in the Committee's
reviews, absence of any conflicts of interest or appearance of loss of
impartiality, independence with respect to the matters under review,
and lack of bias. Although financial conflicts of interest, the
appearance of loss of impartiality, lack of independence, and bias may
result in non-selection, the absence of such concerns does not assure
that a candidate will be selected to serve on the SACC.
    Numerous qualified candidates are often identified for SACC
reviews. Therefore, selection decisions involve carefully weighing a
number of factors including the candidates' areas of expertise and
professional

qualifications, and achieving an overall balance of different
scientific perspectives across reviewers. The Agency will consider all
nominations of prospective candidates for service as ad hoc reviewers
for the SACC that are received on or before the date listed in the
DATES section of this document.

IV. Advance Notice of Other Planned Activities

    As indicated previously, EPA's plans to publish separate documents
in the Federal Register in early 2024 to announce the planned
activities related to this peer review that are briefly discussed in
this unit.

A. Planned Public Review of a Candidate List of ad hoc Reviewers Being
Considered

    Although the final selection of ad hoc reviewers is a discretionary
function of the Agency, EPA plans to make available for public comment
a candidate list of ad hoc expert reviewers for this peer review in
early 2024. The ``List of Candidates'' provides the names and
biographical sketches of all interested and available nominees
identified from respondents to this solicitation, other nominations
received, and any additional candidates identified by EPA staff.

B. Planned Public Meeting

    EPA plans to announce a 4-day public meeting of the SACC that is
anticipated to be scheduled for May 2024. At that time, EPA will
provide logistical information and instructions for registering to
attend and/or provide oral comments at the SACC meeting.

C. Planned Public Review of Materials Submitted for Peer Review

    EPA plans to announce the availability of and solicit public
comment on the draft documents and related materials submitted to the
SACC for peer review. At that time, EPA will provide instructions for
accessing the materials provided to the SACC and will provide
instructions for submitting written comments and instructions for
registering to provide oral comments at the SACC meeting. These
materials will also be available in Docket ID No. EPA-HQ-OPPT-2022-0613
at https://www.regulations.gov and through the SACC website at https://www.epa.gov/tsca-peer-review. As additional background materials become
available and are provided to the SACC, EPA will include those
additional background documents (e.g., SACC members and consultants
participating in this meeting and the meeting agenda) in the docket and
through the SACC website.

D. How can I stay informed about SACC activities?

    You may subscribe to the following listserv for alerts regarding
this and other SACC-related activities: https://public.govdelivery.com/accounts/USAEPAOPPT/subscriber/new?topic_id=USAEPAOPPT_101.

(Authority: 15 U.S.C. 2625(o); 5 U.S.C 10)

    Dated: December 20, 2023.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2023-28430 Filed 12-22-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Proposed Rules]
[Pages 8722-8727]
[FR Doc No: 2021-02624]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0553; FRL-10017-24-Region 3]

Air Plan Approval; Pennsylvania; 1997 8-Hour Ozone National
Ambient Air Quality Standard Second Maintenance Plan for the Erie Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
Commonwealth of Pennsylvania. This revision pertains to the
Commonwealth's plan, submitted by the Pennsylvania Department of
Environmental Protection (PADEP), for maintaining the 1997 8-hour ozone
national ambient air quality standard (NAAQS) (referred to as the
``1997 ozone NAAQS'') in the Erie County, Pennsylvania Area (Erie
Area). This action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before March 11, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2020-0553 at https://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, 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. 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, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Serena Nichols, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, PA 19103. The telephone number is<PHONE_NUMBER>. Ms.
Nichols can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On February 27, 2020, the PADEP submitted a
revision to the Pennsylvania SIP to incorporate a plan for maintaining
the 1997 ozone NAAQS in the Erie Area through November 8, 2027, in
accordance with CAA section 175A.

I. Background

    In 1979, under section 109 of the CAA, EPA established primary and
secondary NAAQS for ozone at 0.12 parts per million (ppm), averaged
over a 1-hour period. 44 FR 8202 (February 8, 1979). On July 18, 1997
(62 FR 38856),\1\ EPA revised the primary and secondary NAAQS for ozone
to set the acceptable level of ozone in the ambient air at 0.08 ppm,
averaged over an 8-hour period. EPA set the 1997 ozone NAAQS based on
scientific evidence demonstrating that ozone causes adverse health
effects at lower concentrations and over longer periods of time than
was understood when the pre-existing 1-hour ozone NAAQS was set.
---------------------------------------------------------------------------

    \1\ In March 2008, EPA completed another review of the primary
and secondary ozone standards and tightened them further by lowering
the level for both to 0.075 ppm. 73 FR 16436 (March 27, 2008).
Additionally, in October 2015, EPA completed a review of the primary
and secondary ozone standards and tightened them by lowering the
level for both to 0.70 ppm. 80 FR 65292 (October 26, 2015).
---------------------------------------------------------------------------

    Following promulgation of a new or revised NAAQS, EPA is required
by the CAA to designate areas throughout the nation as attaining or not
attaining the NAAQS. On April 30, 2004 (69 FR 23858), EPA designated
the Erie Area as nonattainment for the 1997 ozone NAAQS. The Erie Area
consists solely of Erie County.
    Once a nonattainment area has three years of complete and certified
air quality data that has been determined to attain the NAAQS, and the
area has met the other criteria outlined in CAA section
107(d)(3)(E),\2\ the state can submit a request to EPA to redesignate
the area to attainment. Areas that have been redesignated by EPA from
nonattainment to attainment are referred to as ``maintenance areas.''
One of the criteria for redesignation is to have an approved
maintenance plan under CAA section 175A. The maintenance plan must
demonstrate that the area will continue to maintain the standard for
the period extending 10 years after redesignation, and it must contain
such additional measures as necessary to ensure maintenance as well as
contingency measures as necessary to assure that violations of the
standard will be promptly corrected.
---------------------------------------------------------------------------

    \2\ The requirements of CAA section 107(d)(3)(E) include
attainment of the NAAQS, full approval under section 110(k) of the
applicable SIP, determination that improvement in air quality is a
result of permanent and enforceable reductions in emissions,
demonstration that the state has met all applicable section 110 and
part D requirements, and a fully approved maintenance plan under CAA
section 175A.
---------------------------------------------------------------------------

    On October 9th, 2007 (72 FR 57207), EPA approved a redesignation
request (and maintenance plan) from PADEP for the Erie Area. In
accordance with section 175A(b), 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.
    EPA's final implementation rule for the 2008 ozone NAAQS revoked
the 1997 ozone NAAQS and provided that one consequence of revocation
was that areas that had been redesignated to attainment (i.e.,
maintenance areas) for the 1997 ozone NAAQS no longer needed to submit
second 10-year maintenance plans under CAA section 175A(b).\3\ However,
in South Coast Air Quality Management District v. EPA \4\ (South Coast
II), the United States Court of Appeals for the District of Columbia
(D.C. Circuit) vacated EPA's interpretation that, because of the
revocation of the 1997 ozone standard, second maintenance plans were
not required for ``orphan maintenance areas,'' (i.e., areas like the
Erie Area) that had been redesignated to attainment for the 1997 ozone
NAAQS and were designated attainment for the 2008 ozone NAAQS. Thus,
states with these ``orphan maintenance areas'' under the 1997 ozone
NAAQS must submit maintenance plans for the second maintenance period.
---------------------------------------------------------------------------

    \3\ See 80 FR 12315 (March 6, 2015).
    \4\ 882 F.3d 1138 (D.C. Cir. 2018).
---------------------------------------------------------------------------

    As previously discussed, 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. The 1992 Calcagni Memo \5\
provides that states may generally demonstrate maintenance by either
performing air quality modeling to show that the future mix of sources
and emission rates will not cause a violation of the NAAQS or by
showing that future emissions of a pollutant and its precursors will
not exceed the level of emissions during a year when the area was
attaining the NAAQS (i.e., attainment year inventory). See 1992
Calcagni Memo at p. 9. EPA further clarified in three subsequent
guidance memos describing ``limited maintenance plans'' (LMPs) \6\ that
the requirements of CAA section 175A could be met by demonstrating that
the area's design value \7\ was well below the NAAQS and that the
historical stability of the area's air quality levels showed that the
area was unlikely to violate the NAAQS in the future. Specifically, EPA
believes that if the most recent air quality design value for the area
is at a level that is below 85% of the standard, or in this case below
0.071 ppm, then EPA considers the state to have met the section 175A
requirement for a demonstration that the area will maintain the NAAQS
for the requisite period. Accordingly, on February 27, 2020, PADEP
submitted an LMP for the Erie Area, following EPA's LMP guidance and
demonstrating that the area will maintain the 1997 ozone NAAQS through
November 8, 2027, i.e., through the entire 20-year maintenance period.
---------------------------------------------------------------------------

    \5\ ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (1992 Calcagni Memo).
    \6\ See ``Limited Maintenance Plan Option for Nonclassifiable
Ozone Nonattainment Areas'' from Sally L. Shaver, Office of Air
Quality Planning and Standards (OAQPS), dated November 16, 1994;
``Limited Maintenance Plan Option for Nonclassifiable CO
Nonattainment Areas'' from Joseph Paisie, OAQPS, dated October 6,
1995; and ``Limited Maintenance Plan Option for Moderate
PM10 Nonattainment Areas'' from Lydia Wegman, OAQPS,
dated August 9, 2001.
    \7\ 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.
---------------------------------------------------------------------------

II. Summary of SIP Revision and EPA Analysis

    PADEP's February 27, 2020 SIP submittal outlines a plan for
continued maintenance of the 1997 ozone NAAQS which addresses the
criteria set forth in the 1992 Calcagni Memo as follows.

A. Attainment Emissions Inventory

    For maintenance plans, a state should develop a comprehensive and
accurate inventory of actual emissions for an attainment year which
identifies the level of emissions in the area which is sufficient to
maintain the NAAQS. The inventory should be developed consistent with
EPA's most recent guidance. For ozone, the inventory should be based on
typical summer day's emissions of nitrogen oxides (NOX) and
volatile organic compounds (VOC), the precursors to ozone formation. In
the first maintenance plan for the Erie Area, PADEP used 2004 for the
attainment year inventory, because 2004 was one of the years in the
2004-2006 three-year period when the area first attained the 1997 ozone
NAAQS.\8\ The Erie Area continued to monitor attainment of the 1997
ozone NAAQS in 2014. Therefore, the emissions inventory from 2014
represents emissions levels conducive to continued attainment (i.e.,
maintenance) of the NAAQS. Thus, PADEP is using 2014 as representing
attainment level emissions for its second maintenance plan.
Pennsylvania used 2014 summer day emissions from EPA's 2014 version 7.0
modeling platform as the basis for the 2014 inventory presented in
Table 1.\9\
---------------------------------------------------------------------------

    \8\ For more information, see EPA's October 9, 2007 document
proposing to redesignate the Erie Area to attainment for the 1997
ozone NAAQS (72 FR 57207).
    \9\ For more information, visit https://www.epa.gov/sites/production/files/2018-11/ozone_1997_naaqs_emiss_inv_data_nov_19_2018_0.xlsx.

Table 1--2014 Typical Summer Day NOX and VOC Emissions for the Erie Area
                               in tons/day
------------------------------------------------------------------------
                                                    NOX          VOC
                Source category                  emissions    emissions
------------------------------------------------------------------------
Point.........................................         1.43         1.37
Nonpoint......................................         6.50        14.13
Onroad........................................        10.37         4.52
Nonroad.......................................         4.48         5.43
------------------------------------------------------------------------

    The data shown in Table 1 is based on the 2014 National Emissions
Inventory (NEI) version 2.\10\ The inventory addresses four
anthropogenic emission source categories: Stationary (point) sources,
stationary nonpoint (area) sources, nonroad mobile, and onroad mobile
sources. Point sources are stationary sources that have the potential
to emit more than 100 tons per year (tpy) of VOC, or more than 50 tpy
of NOX, and which are required to obtain an operating
permit. Data are collected for each source at a facility and reported
to PADEP. Examples of point sources include kraft mills, electrical
generating units, and pharmaceutical factories. Nonpoint sources
include emissions from equipment, operations, and activities that are
numerous and in total have significant emissions. Examples include
emissions from commercial and consumer products, portable fuel
containers, home heating, repair and refinishing operations, and
crematories. The onroad emissions sector includes emissions from
engines used primarily to propel equipment on highways and other roads,
including passenger vehicles, motorcycles, and heavy-duty diesel
trucks. The nonroad emissions sector includes emissions from engines
that are not primarily used to propel transportation equipment, such as
generators, forklifts, and marine pleasure craft. EPA reviewed the
emissions inventory submitted by PADEP and proposes to conclude that
the plan's inventory is acceptable for the purposes of a subsequent
maintenance plan under CAA section 175A(b).
---------------------------------------------------------------------------

    \10\ The NEI is a comprehensive and detailed estimate of air
emissions of criteria pollutants, criteria precursors, and hazardous
air pollutants from air emissions sources. The NEI is released every
three years based primarily upon data provided by State, Local, and
Tribal air agencies for sources in their jurisdictions and
supplemented by data developed by EPA.
---------------------------------------------------------------------------

B. Maintenance Demonstration

    In order to attain the 1997 ozone NAAQS, the three-year average of
the fourth-highest daily average ozone concentrations (design value, or
``DV'') at each monitor within an area must not exceed 0.08 ppm. Based
on the rounding convention described in 40 CFR part 50, appendix I, the
standard is attained if the DV is 0.084 ppm or below. CAA section 175A
requires a demonstration that the area will continue to maintain the
NAAQS throughout the duration of the requisite maintenance period.
Consistent with the prior guidance documents discussed previously in
this document as well as EPA's November 20, 2018 ``Resource Document
for 1997 Ozone NAAQS Areas: Supporting Information for States
Developing Maintenance Plans'' (2018 Resource Document),\11\ EPA
believes that if the most recent DV for the area is well below the
NAAQS (e.g., below 85%, or in this case below 0.071 ppm), the section
175A demonstration requirement has been met, provided that prevention
of significant deterioration requirements, any control measures already
in the SIP, and any Federal measures remain in place through the end of
the second 10-year maintenance period (absent a showing consistent with
section 110(l) that such measures are not necessary to assure
maintenance).
---------------------------------------------------------------------------

    \11\ This resource document is included in the docket for this
rulemaking available online at https://www.regulations.gov, Docket
ID: EPA-R03-OAR-2020-0553 and is also available at https://www.epa.gov/sites/production/files/2018-11/documents/ozone_1997_naaqs_lmp_resource_document_nov_20_2018.pdf.
---------------------------------------------------------------------------

    There is one ambient air quality monitor in the Erie Area. For the
purposes of demonstrating continued maintenance with the 1997 ozone
NAAQS, PADEP provided 3-year DVs at the monitor located in the Erie
Area from 2007 to 2018. This includes DVs for 2005-2007, 2006-2008,
2007-2009, 2008-2010, 2009-2011, 2010-2012, 2011-2013, 2012-2014, 2013-
2015, 2014-2016, 2015-2017, and 2016-2018, which are shown in Table
2.\12\ In addition, EPA has reviewed the most recent ambient air
quality monitoring data for ozone in the Erie Area, as submitted by
Pennsylvania and recorded in EPA's Air Quality System. The most recent
DV (i.e., 2017-2019) at the monitor located in the Erie Area is also
shown in Table 2.\13\
---------------------------------------------------------------------------

    \12\ See also Table II-2 of PADEP's February 27, 2020 submittal,
included in the docket for this rulemaking available online at
https://www.regulations.gov, Docket ID: EPA-R03-OAR-2020-0553.
    \13\ This data is also included in the docket for this
rulemaking available online at https://www.regulations.gov, Docket
ID: EPA-R03-OAR-2020-0553 and is also available at https://www.epa.gov/air-trends/air-quality-design-values#report.

                                     Table 2--1997 Ozone NAAQS Design Values in Parts per Million for the Erie Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   2005-   2006-   2007-   2008-   2009-   2010-   2011-   2012-   2013-   2014-   2015-   2016-   2017-
            County                 AQS Site ID     2007    2008    2009    2010    2011    2012    2013    2014    2015    2016    2017    2018    2019
--------------------------------------------------------------------------------------------------------------------------------------------------------
Erie..........................  42-049-0003.....    .082    .078    .075    .072    .072    .076    .074    .071    .066    .066    .065    .064   0.062
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As can be seen in Table 2, DVs at the monitor located in the Erie
Area have been below 85% of the 1997 ozone NAAQS (i.e., 0.071 ppm)
since the 2013-2015 period. The DV for the 2017-2019 period at the
monitor in the Erie

Area is 0.062 ppm, which is below 85% of the 1997 ozone NAAQS.
    Additionally, states can support the demonstration of continued
maintenance by showing stable or improving air quality trends.
According to EPA's 2018 Resource Document, several kinds of analyses
can be performed by states wishing to make such a showing. One approach
is to take the most recent DV at a monitor located in the area and add
the maximum design value increase (over one or more consecutive years)
that has been observed in the area over the past several years. A sum
that does not exceed the level of the 1997 ozone NAAQS may be a good
indicator of expected continued attainment. As shown in Table 2 of this
document, the largest increase in DVs at the monitor located in the
Erie Area was 0.004 ppm, which occurred between the 2009-2011 (0.072
ppm) and 2010-2012 (0.076 ppm) DVs. Adding 0.004 ppm to the DV for the
2017-2019 period (0.062 ppm) results in 0.066 ppm, a sum that is still
below the 1997 ozone NAAQS.
    The Erie Area has maintained air quality levels well below the 1997
ozone NAAQS since the area first attained the NAAQS in 2006.\14\
Additional supporting information that the area is expected to continue
to maintain the standard can be found in projections of future year DVs
that EPA recently completed to assist states with the development of
interstate transport SIPs for the 2015 8-hour ozone NAAQS. Those
projections, made for the year 2023, show that the DV at the monitor
located in the Erie Area is expected to be 0.0611 ppm.\15\ Therefore,
EPA proposes to determine that future violations of the 1997 ozone
NAAQS in the Erie Area are unlikely.
---------------------------------------------------------------------------

    \14\ As explained in EPA's July 25, 2007 document proposing to
redesignate the Erie Area as attainment for the 1997 ozone NAAQS (72
FR 40776), the 2004-2006 DV for the Erie Area was 0.079 ppm.
    \15\ See U.S. EPA, ``Air Quality Modeling Technical Support
Document for the Updated 2023 Projected Ozone Design Values,''
Office of Air Quality Planning and Standards, dated June 2018,
available at https://www.epa.gov/airmarkets/air-quality-modeling-technical-support-document-updated-2023-projected-ozone-design.
---------------------------------------------------------------------------

C. Continued Air Quality Monitoring and Verification of Continued
Attainment

    Once an area has been redesignated to attainment, the state remains
obligated to maintain an air quality network in accordance with 40 CFR
part 58, in order to verify the area's attainment status. In the
February 27, 2020 submittal, PADEP commits to continue to operate their
air monitoring network in accordance with 40 CFR part 58. PADEP also
commits to track the attainment status of the Erie Area for the 1997
ozone NAAQS through the review of air quality and emissions data during
the second maintenance period. This includes an annual evaluation of
vehicles miles traveled and stationary source emissions data compared
to the assumptions included in the LMP. PADEP also states that it will
evaluate the periodic (i.e., every three years) emission inventories
prepared under EPA's Air Emission Reporting Requirements (40 CFR part
51, subpart A). Based on these evaluations, PADEP will consider whether
any further emission control measures should be implemented for the
Erie Area. EPA has analyzed the commitments in PADEP's submittal and is
proposing to determine that they meet the requirements for continued
air quality monitoring and verification of continued attainment.

D. Contingency Plan

    The contingency plan provisions are designed to promptly correct or
prevent a violation of the NAAQS that might occur after redesignation
of an area to attainment. Section 175A of the CAA requires that a
maintenance plan include such contingency measures as EPA deems
necessary to assure that the state will promptly correct a violation of
the NAAQS that occurs after redesignation. The maintenance plan should
identify the contingency measures to be adopted, a schedule and
procedure for adoption and implementation of the contingency measures,
and a time limit for action by the state. The state should also
identify specific indicators to be used to determine when the
contingency measures need to be adopted and implemented. The
maintenance plan must require that the state will implement all
pollution control measures that were contained in the SIP before
redesignation of the area to attainment. See section 175(A)(d) of the
CAA.
    PADEP's February 27, 2020 submittal includes a contingency plan for
the Erie Area. In the event that the fourth highest eight-hour ozone
concentrations at a monitor in the Erie Area exceeds 0.084 ppm for two
consecutive years, but prior to an actual violation of the NAAQS, PADEP
will evaluate whether additional local emission control measures should
be implemented that may prevent a violation of the NAAQS.\16\ After
analyzing the conditions causing the excessive ozone levels, evaluating
the effectiveness of potential corrective measures, and considering the
potential effects of Federal, state, and local measures that have been
adopted but not yet implemented, PADEP will begin the process of
implementing selected measures so that they can be implemented as
expeditiously as practicable following a violation of the NAAQS. In the
event of a violation, PADEP commits to adopting additional emission
reduction measures as expeditiously as practicable in accordance with
the schedule included in the contingency plan as well as the CAA and
applicable Pennsylvania statutory requirements.
---------------------------------------------------------------------------

    \16\ A violation of the NAAQS occurs when an area's 3-year
design value exceeds the NAAQS.
---------------------------------------------------------------------------

    PADEP will use the following criteria when considering additional
emission reduction measures to adopt to address a violation of the 1997
ozone NAAQS in the Erie Area: (1) Air quality analysis indicating the
nature of the violation, including the cause, location, and source; (2)
emission reduction potential, including extent to which emission
generating sources occur in the nonattainment area; (3) timeliness of
implementation in terms of the potential to return the area to
attainment as expeditiously as practicable; and (4) costs, equity, and
cost-effectiveness. The measures PADEP would consider pursuing for
adoption in the Erie Area include, but are not limited to, those
summarized in Table 3 of this document. If additional emission
reductions are necessary, PADEP commits to adopt additional emission
reduction measures to attain and maintain the 1997 ozone NAAQS. The
contingency plan includes schedules for the adoption and implementation
of both non-regulatory and regulatory contingency measures, including
schedules for adopting potential land use planning strategies not
listed in Table 3 of this document, which are summarized in Tables 4
and 5 respectively.

     Table 3--Erie Area Second Maintenance Plan Contingency Measures
------------------------------------------------------------------------

-------------------------------------------------------------------------
Non-Regulatory Measures:
    Voluntary diesel engine ``chip reflash'' (installation software to
     correct the defeat device option on certain heavy-duty diesel
     engines).
    Diesel retrofit (including replacement, repowering or alternative
     fuel use) for public or private local onroad or offroad fleets.
    Idling reduction technology for Class 2 yard locomotives.
    Idling reduction technologies or strategies for truck stops,
     warehouses, and other freight-handling facilities.
    Accelerated turnover of lawn and garden equipment, especially
     commercial equipment, including promotion of electric equipment.
    Additional promotion of alternative fuel (e.g., biodiesel) for home
     heating and agricultural use.
Regulatory Measures: \17\
    Additional control on consumer products.\18\
    Additional controls on portable fuel containers.\19\
------------------------------------------------------------------------

      Table 4--Implementation Schedule for Erie Area Non-Regulatory
                          Contingency Measures
------------------------------------------------------------------------
 Time after triggering event                     Action
------------------------------------------------------------------------
Within 2 months..............  PADEP will identify stakeholders for
                                potential non-regulatory measures for
                                further development.
Within 3 months..............  If funding is necessary, PADEP will
                                identify potential sources of funding
                                and the timeframe for when funds would
                                be available.
Within 6 months..............  PADEP will work with the relevant
                                planning commission(s) to identify
                                potential land use planning strategies
                                and projects with quantifiable and
                                timely emission benefits. PADEP will
                                also work with the Pennsylvania
                                Department of Community and Economic
                                Development and other state agencies to
                                assist with these measures.
Within 9 months..............  If state loans or grants are required,
                                PADEP will enter into agreements with
                                implementing organizations. PADEP will
                                also quantify projected emission
                                benefits.
Within 12 months.............  PADEP will submit revised SIP to EPA.
Within 12-24 months..........  PADEP will implement strategies and
                                projects.
------------------------------------------------------------------------

  Table 5--Implementation Schedule for Erie Area Regulatory Contingency
                                Measures
------------------------------------------------------------------------
 Time after triggering event                     Action
------------------------------------------------------------------------
Within 1 month...............  PADEP will submit request to begin
                                regulatory development process.
Within 3 months..............  Request will be reviewed by the Air
                                Quality Technical Advisory Committee
                                (AQTAC), Citizens Advisory Council, and
                                other advisory committees as
                                appropriate.
Within 6 months..............  Environmental Quality Board (EQB) meeting/
                                action.
Within 8 months..............  PADEP will publish regulatory measure in
                                the Pennsylvania Bulletin for comment as
                                proposed rulemaking.
Within 10 months.............  PADEP will hold a public hearing and
                                comment period on proposed rulemaking.
Within 11 months.............  House and Senate Standing Committee and
                                Independent Regulatory Review Commission
                                (IRCC) comment on proposed rulemaking.
Within 13 months.............  AQTAC, Citizens Advisory Council, and
                                other committees will review responses
                                to comment(s), if applicable, and the
                                draft final rulemaking.
Within 16 months.............  EQB meeting/action.
Within 17 months.............  The IRCC will take action on final rule.
Within 18 months.............  Attorney General's review/action.
Within 19 months.............  PADEP will publish the regulatory measure
                                as a final rule in the Pennsylvania
                                Bulletin and submit to EPA as a SIP
                                revision. The regulation will become
                                effective upon publication in the
                                Pennsylvania Bulletin.
------------------------------------------------------------------------

    EPA proposes to find that the contingency plan included in PADEP's
February 27, 2020 submittal satisfies the pertinent requirements of CAA
section 175A(d). EPA notes that while six of the potential contingency
measures included in the Commonwealth's second maintenance plan are
non-regulatory, their inclusion among other measures is overall SIP-
strengthening, and their inclusion does not alter EPA's proposal to
find the LMP is fully approvable. EPA also finds that the submittal
acknowledges Pennsylvania's continuing requirement to implement all
pollution control measures that were contained in the SIP before
redesignation of the Erie Area to attainment.
---------------------------------------------------------------------------

    \17\ These regulatory measures were considered potential cost-
effective and timely control strategies by the Ozone Transport
Commission (OTC) as well as the Mid-Atlantic Regional Air Management
Association and the Mid-Atlantic/Northeast Visibility Union. The OTC
is a multi-state organization responsible for developing regional
solutions to ground-level ozone pollution in the Northeast and Mid-
Atlantic, including the development of model rules that member
states may adopt. The OTC member states include: Connecticut,
Delaware, the District of Columbia, Maine, Maryland, Massachusetts,
New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island,
Vermont, and Virginia. For more information on the OTC, visit
https://otcair.org/index.asp. To view the model rules developed by
the OTC, including those for consumer products and portable fuel
containers, visit https://otcair.org/document.asp?fview=modelrules.
    \18\ Pennsylvania's existing controls on consumer products are
under 25 Pa. Code Chapter 130, Subchapters B and C (38 Pa.B. 5598).
This contingency measure includes the adoption of additional
controls on consumer products such as VOC limits for adhesive
removers.
    \19\ Existing controls on portable fuel containers can be found
under 40 CFR part 59, subpart F--Control of Evaporative Emissions
From New and In-Use Portable Fuel Containers.
---------------------------------------------------------------------------

E. Transportation Conformity

    Transportation conformity is required by section 176(c) 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 section 176(c)(1)(B)). EPA's
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 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). An 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 93.109(e)). 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 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 Erie Area remains under the obligation to
meet the applicable conformity requirements for the 1997 ozone NAAQS.

III. Proposed Action

    EPA's review of PADEP's February 27, 2020 submittal indicates that
it meets all applicable CAA requirements, specifically the requirements
of CAA section 175A. EPA is proposing to approve the second maintenance
plan for the Erie Area as a revision to the 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. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's 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.
     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. 104-4);
     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 12(d) 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
Pennsylvania's second maintenance plan for the Erie 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. 2021-02624 Filed 2-8-21; 8:45 am]
BILLING CODE 6560-50-P