SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background

A. The PM_2.5 National Ambient Air Quality Standards

B. Designation of PM_2.5 NAAQS Nonattainment Area and Subsequent Actions

II. The Second 10-Year Maintenance Plan Submittal and Procedural Requirements

III. Evaluation of the Second 10-Year Maintenance Plan

A. Emissions Inventory

B. Maintenance Demonstration

C. Monitoring Network Requirements

D. Verification of Continued Attainment

E. Contingency Measures

F. Motor Vehicle Emissions Budgets for Transportation Conformity

IV. Proposed Action

V. Statutory and Executive Order Reviews

I. Background

A. The PM_2.5 National Ambient Air Quality Standards

Under section 109 of the CAA, the EPA has established NAAQS for certain pervasive air pollutants (referred to as criteria pollutants) and conducts periodic reviews of the NAAQS to determine whether they should be revised or whether new NAAQS should be established. The EPA sets the NAAQS for criteria pollutants at levels required to protect public health and welfare.^[1] The EPA's particulate matter standards address particles with diameters that are generally two and half micrometers or smaller (fine particulate matter or PM_2.5) and particles with diameters that are generally 10 micrometers or smaller (PM₁₀). PM_2.5 is one of the ambient pollutants for which the EPA has established health-based standards.

Fine particulate matter contributes to effects that are harmful to human health and the environment, including premature mortality, aggravation of respiratory and cardiovascular disease, decreased lung function, visibility impairment, and damage to vegetation and ecosystems. Individuals particularly sensitive to PM_2.5 exposure include older adults, people with heart and lung disease, and children. See78 FR 3086 (January 15, 2013). PM_2.5 can be emitted directly into the atmosphere as a solid or liquid particle (primary PM_2.5 or direct PM_2.5) or can be formed in the atmosphere (secondary PM_2.5) as a result of various chemical reactions among precursor pollutants such as nitrogen oxides (NO_X), sulfur dioxide (SO₂), volatile organic compounds (VOCs), and ammonia (NH₃ ).^[2]

On July 18, 1997 (62 FR 38652), the EPA revised the NAAQS for particulate matter to add new standards for PM_2.5 . The Agency established primary and secondary annual and 24-hour standards for PM_2.5 . The annual standard was set at 15.0 micrograms per cubic meter (µg/m³ ) based on a 3-year average of annual mean PM_2.5 concentrations, and the 24-hour (daily) standard was set at 65 µg/m³ based on the 3-year average of the annual 98th percentile values of 24-hour PM_2.5 concentrations at each population-oriented monitor within an area.

On October 17, 2006 (71 FR 61144), the EPA retained the annual average NAAQS at 15.0 µg/m³ but lowered the level of the 24-hour PM_2.5 NAAQS to 35 µg/m³ based on a 3-year average of the annual 98th percentile values of 24-hour concentrations. On December 14, 2012, the EPA promulgated the 2012 PM_2.5 NAAQS, including lowering the annual standard to 12.0 µg/m³ based on a 3-year average of annual mean PM_2.5 concentrations. The EPA maintained the 24-hour standard of 35 µg/m³ based on a 3-year average of the 98th percentile of 24-hour concentrations. See 78 FR 3086 (January 15, 2013).

B. Designation of PM_2.5 NAAQS Nonattainment Area and Subsequent Actions

Following promulgation of a new or revised NAAQS, the EPA is required by CAA section 107(d) to designate areas throughout the nation as attaining or not attaining the NAAQS. On January 5, 2005 (70 FR 944, 999), the EPA published air quality area designations for the 1997 PM_2.5 NAAQS. In that rulemaking, the EPA designated the Harrisburg-Lebanon- Carlisle (Harrisburg Area) and York areas in Pennsylvania as nonattainment for the 1997 annual PM_2.5 NAAQS. The Harrisburg Area was comprised of Cumberland, Dauphin and Lebanon Counties; and the York Area was comprised of York County in Pennsylvania. On November 13, 2009 (74 FR 58688) and effective on December 14, 2009, the EPA designated the Harrisburg-Lebanon-Carlisle/York Area (Harrisburg-York Area) as nonattainment for the 2006 24-hour PM_2.5 NAAQS. See40 CFR 81.339. Note that two distinct areas, the Harrisburg Area and the York Area, comprised the 1997 PM_2.5 nonattainment area. The nonattainment area was re-defined as ( printed page 46359) the Harrisburg-York Area for the 2006 24-hour PM_2.5 NAAQS and included the counties previously included in the Harrisburg Area and the York Area. On July 29, 2011 (76 FR 45424), the EPA determined that the Harrisburg Area and the York Area had attained the 1997 annual PM_2.5 NAAQS by the applicable attainment date of April 5, 2010. On March 29, 2012 (77 FR 18922), the EPA determined that the Harrisburg-York Area had clean data and monitored attainment for the 2006 24-hour PM_2.5 NAAQS. Pursuant to 40 CFR 51.1004(c) and based on these determinations, the PADEP was no longer required to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard as long as the area continue to meet the 24-hour 2006 PM_2.5 NAAQS.

Section 175A of the CAA dictates that any state that submits a request for redesignation of a nonattainment area to attainment shall also submit a SIP revision that provides for the maintenance of the pertinent NAAQS for at least 10 years after the redesignation. This maintenance plan must, among other requirements, ensure control measures are in place such that the area will continue to maintain the standard for a 10-year period after redesignation, and include contingency provisions to ensure that violations of the NAAQS will be promptly remedied. On April 22, 2014, PADEP formally submitted requests to: (1) redesignate the Harrisburg Area and the York Area from nonattainment to attainment for the 1997 annual PM_2.5 NAAQS and (2) redesignate the Harrisburg-York Area from nonattainment to attainment for the 2006 24-hour PM_2.5 NAAQS. Concurrently, the PADEP submitted maintenance plans for the two areas as SIP revisions to ensure continued attainment throughout the areas over the next 10 years. The maintenance plans included the 2017 and 2025 PM_2.5 and NO_X motor vehicle emissions budgets (budgets) for the Areas for the 1997 annual and the 2006 24-hour PM_2.5 NAAQS for transportation conformity purposes. The PADEP also submitted a 2007 comprehensive emissions inventory for the 1997 annual and the 24-hour 2006 PM_2.5 NAAQS for PM_2.5, NO_X, SO₂, VOCs, and NH₃. On December 8, 2014 (79 FR 72552).^[3]

The EPA approved as SIP revisions, the 10-year maintenance plans for the 1997 annual PM_2.5 NAAQS, the 2006 24-hour PM_2.5 NAAQS, and the 2007 emissions inventory for both standards to meet the emissions inventory requirement of section 172(c)(3) of the CAA. Additionally, the EPA approved the 2017 and 2025 PM_2.5 and NO_X budgets for the Harrisburg-York Area for the 1997 annual and the 2006 24-hour PM_2.5 NAAQS for transportation conformity purposes.

II. The Second 10-Year Maintenance Plan Submittal and Procedural Requirements

CAA section 175A(b) requires states to submit a SIP revision to maintain the NAAQS for an additional ten years after the expiration of the 10-year period covered by the initial maintenance plan. The submittal is due 8 years after the original redesignation request and maintenance plan was approved. The deadline to submit the SIP revision for the Harrisburg-York Area for the 2006 24-hour PM_2.5 NAAQS was December 8, 2022. On February 7, 2025 the PADEP submitted the Second Maintenance Plan to meet the requirement for a subsequent maintenance plan under CAA section 175A(b). The Second 10-Year Maintenance Plan is intended to provide for continued maintenance of the 2006 24-hour PM_2.5 NAAQS for the 10-year period following the end of the first 10-year period through 2036. The EPA revoked the 1997 PM_2.5 NAAQS on August 24, 2016 (81 FR 58010), therefore a second maintenance plan is not required for the 1997 PM_2.5 standard (81 FR 58010, 58144).

Section 175A of the CAA provides the general framework for a maintenance plan. The initial 10-year maintenance plan must provide for maintenance of the NAAQS for at least 10 years after redesignation, including any control measures necessary to ensure such maintenance. In addition, maintenance plans are to contain contingency provisions necessary to ensure the prompt correction of a violation of the NAAQS that may occur after redesignation. The contingency measures must include, at a minimum, a requirement that the State will implement all control measures contained in the nonattainment SIP prior to redesignation. Beyond these provisions, section 175A of the CAA does not define the content of a second 10-year maintenance plan. The primary guidance on maintenance plans and redesignation requests is the September 4, 1992 memorandum from John Calcagni, titled “Procedures for Processing Requests to Redesignate Areas to Attainment” (Calcagni Memo).^[4] The Calcagni Memo outlines the key elements of a maintenance plan, which include the following: attainment emissions inventory, maintenance demonstration, monitoring network requirements, verification of continued attainment, and contingency plan elements. The EPA evaluated the Second 10-Year Maintenance Plan based on the satisfactory fulfillment of these and all relevant procedural requirements of the CAA.

III. Evaluation of the Second 10-Year Maintenance Plan

A. Emissions Inventory

A maintenance plan for the PM_2.5 2006 NAAQS should include a comprehensive, accurate, and current emissions inventory of all sources of relevant pollutants in the area, to identify a level of emissions sufficient to attain the PM_2.5 NAAQS. The inventory should include emissions from stationary point sources, area sources, and mobile sources.^[5] This emissions inventory should be consistent with the EPA's most recent guidance available at the time and should represent emissions during the time period associated with the monitoring data showing attainment, in this case 2011-2023. Design values for the monitors in the Harrisburg-York Area this period are reported in table 1 in this document, showing attainment of the 2006 PM_2.5 24-hour standard of 35 µg/m3.^[6] during the first 10 year maintenance period.

( printed page 46360)

The specific emissions inventory requirements are set forth in the Air Emissions Reporting Requirements (AERR) rule.^[7] The EPA has provided additional guidance for developing emissions inventories in “Emissions Inventory Guidance for Implementation of Ozone and Particulate Matter National Ambient Air Quality Standards (NAAQS) and Regional Haze Requirements” (May 2017).

The 2017 base year inventory includes the pollutants; Primary PM_2.5 (PM_2.5 PRI),^[8] PM₁₀ (PM₁₀ PRI),^[9] SO₂, NO_X, VOC, and NH₃ and consists of sources in four sectors: Point Sources, Area Sources, Onroad Sources, and Nonroad Sources. The PADEP submitted a base year inventory for 2017, which is one of the years in the previous 10-year maintenance period during which the Harrisburg-York Area showed continued monitored attainment of the 2006 24-hour PM_2.5 NAAQS. The PADEP reported that the base year inventory for 2017 derived from the EPA's National Emissions Inventory ^[10] and is comprised of the previously noted primary and secondary pollutants from: (1) point sources, (2) nonpoint sources, (3) onroad mobile sources, and (4) nonroad mobile sources. The PADEP selected the inventory years to include the base year emissions inventory (2017), an interim year inventory (2028), and an inventory year for the end of the second maintenance period (2036). Projected emissions inventories for future years must account for, among other factors, the ongoing effects of economic growth and adopted emissions control requirements, and the inventories are expected to be the best available representation of future emissions. The Second 10-Year Maintenance Plan includes emissions estimates from all the relevant stationary point, area, and mobile source categories. The PADEP used projection inventories to show that the Harrisburg-York area will remain in attainment and developed projection inventories for an interim year of 2028 and a maintenance plan end year of 2036 to show that future emissions of NO_X, SO₂, VOC, NH₃, and PM_2.5 will remain at or below the attainment year 2007 emissions levels throughout the Harrisburg-York Area through the year 2036.

Inventories projected from the 2017 base year inventory demonstrate that the area will continue to remain in attainment during the maintenance period. Pennsylvania developed 2028 and 2036 emission projections for the interim and maintenance plan end year, respectively. Projected emissions for these years as well as the base year inventory are available in table 2 in this document. Projected emissions for point and area sources were estimated from the 2017 base year emissions and growth factors developed by the Mid-Atlantic Regional Air Management Association, Inc., and other sources. These growth factors are developed based on forecasts from various databases and tools, including the Energy Information Administration's Annual Energy Outlook 2022, Pennsylvania Industry Employment 2018-2028 Long-Term Projections, National Inventory Collaborative 2016v1 Emissions Modeling Platform, and the Federal Aviation Administration's Terminal Area Forecast. Projected emissions were subject to the same corrections utilized in the 2017 base year inventory for consistency.

The direct PM_2.5 PRI, PM₁₀ PRI, SO₂, NO_X, VOC, and NH₃ emissions for the base year emissions inventory are presented within table 2 of this document. By 2036, total annual PM_2.5 PRI are estimated to be approximately 365 tons (4.85%) lower than the 2017 base year inventory.

Based on the EPA's review of the Second 10-Year Maintenance Plan the emissions inventories are comprehensive in that they include estimates of PM_2.5 and its precursors from all the relevant source categories, which the Plan divides among stationary, areawide, on-road motor vehicles, and other mobile sources. The EPA considers the selection of the 2017 base year inventory to be appropriate given that it was the most recent emissions inventory associated with the reporting schedule required under the AERR rule at the time of Plan drafting and because it represents attainment conditions. The EPA has reviewed the documentation provided by the PADEP and found the 2017 emissions inventory acceptable for meeting the requirements under CAA section 172(c)(3). For more information on the emissions inventory submitted by the PADEP for the Harrisburg-York Area and the EPA's analysis of the emissions inventory, see Appendices A, B, C, and D of the PADEP submittal and the emissions inventory technical support documents (TSDs) dated February 4, 2025, and can be found within the docket for this rulemaking.

B. Maintenance Demonstration

Section 175A(a) of the CAA requires that the maintenance plan provide for maintenance of the NAAQS for such air pollutant in the area concerned for at least 10 years after the redesignation. A state may generally demonstrate maintenance of the NAAQS by either showing that future emissions of a pollutant or its precursors will not exceed the level of the attainment inventory, or by conducting modeling that shows that the future mix of sources and emissions rates will not cause a violation of the NAAQS.^[11] The PADEP used projection inventories to show that the Harrisburg-York area will remain in attainment and developed projection inventories for an interim year of 2028 and a maintenance plan end year of 2036 to show that future emissions of NO_X, SO₂, VOC, NH₃, PM₁₀, and PM_2.5 will remain at or below the attainment year 2007 emissions levels, and the Second 10-Year Maintenance Plan 2017 base year inventory throughout the Harrisburg-York Area through the year 2036. The PADEP ensures continued maintenance of the 2006 PM_2.5 NAAQS in its Second 10-Year Maintenance Plan with the previously discussed projection inventories through State and Federal programs of permanent and enforceable control measures previously approved in the SIP and discussed in detail in the October 17, 2014 approval of the 10-year maintenance plan for the 2006 24-hour PM_2.5 NAAQS (79 FR 62389).

Given that the emissions inventory projections show continued attainment through 2036 the EPA is proposing to find that the Second 10-Year Maintenance Plan provides an adequate ( printed page 46362) basis to demonstrate maintenance of the 2006 PM_2.5 NAAQS within the Harrisburg-York Area. The EPA also proposes to find that by providing projected emissions through 2036, the Plan demonstrates maintenance of the 2006 PM_2.5 NAAQS for more than 10 years after the expiration of the first 10-year maintenance plan ( i.e., 2025), in accordance with section 175A(b) of the CAA.

C. Monitoring Network Requirements

Pennsylvania's maintenance plan includes a commitment to continue to operate its EPA-approved monitoring network, as necessary to demonstrate ongoing compliance with the NAAQS. Pennsylvania currently operates a PM_2.5 monitor in each of the counties in the Harrisburg-York Area, namely Cumberland, Dauphin, and Lebanon Counties. In its February 7, 2025 submittal, Pennsylvania stated that it will consult with the EPA prior to making any necessary changes to the network and will continue to quality assure the monitoring data in accordance with the requirements of 40 CFR part 58.

D. Verification of Continued Attainment

To provide for tracking of the emission levels in the Harrisburg-York Area, PADEP requires major point sources to submit air emissions information annually and prepares a new periodic inventory for all PM_2.5 precursors every three years in accordance with the EPA's Air Emissions Reporting Requirements. Emissions information will be compared to the attainment year inventory (2007) to assure continued attainment with the 2006 24-hour PM_2.5 NAAQS and will be used to assess emissions trends, as necessary. Also, as noted in the previous subsection, PADEP will continue to operate its monitoring system in accordance with 40 CFR part 58 and remains obligated to quality-assure monitoring data and enter all data into the AQS in accordance with Federal requirements. PADEP will use this data, supplemented with additional data, as necessary, to assure continuing attainment in the Harrisburg-York Area.

E. Contingency Measures

The contingency plan provisions are designed to promptly correct a violation of the 2006 PM_2.5 NAAQS that occurs in the Areas after redesignation. Section 175A of the CAA requires that a maintenance plan include such contingency measures as the EPA deems necessary to ensure that a state will promptly correct a violation of the NAAQS that occurs after redesignation. The maintenance plan should identify the events that would “trigger” the adoption and implementation of a contingency measure(s), the contingency measure(s) that would be adopted and implemented, and the schedule indicating the time frame by which the state would adopt and implement the measure(s).

Pennsylvania's maintenance plans describe the procedures for the adoption and implementation of contingency measures to reduce emissions should a violation occur. Pennsylvania's contingency measures include a first level response and a second level response. A first level response is triggered for when the annual mean PM_2.5 concentration exceeds 15.5 mg/m3 in a single calendar year within the Area, or if the periodic emissions inventory for the Area exceeds the attainment year inventory by more than ten percent. The first level response will consist of a study to determine if the emissions trends show increasing concentrations of PM_2.5, and whether this trend is likely to continue. If it is determined through the study that action is necessary to reverse a trend of emissions increases, Pennsylvania will, as expeditiously as possible, implement necessary and appropriate control measures to reverse the trend.

A second level response will be prompted if the two-year average of the annual mean concentration exceeds 15.0 mg/m³ within the Area. This would trigger an evaluation of the conditions causing the exceedance, whether additional emission control measures should be implemented to prevent a violation of the standard, and analysis of potential measures that could be implemented to prevent a violation. Pennsylvania would then begin its adoption process to implement the measures as expeditiously as practicable.

Pennsylvania's candidate contingency measures include the following: (1) a regulation based on the Ozone Transport Commission (OTC) Model Rule to update requirements for consumer products; (2) a regulation based on the Control Techniques Guidelines (CTG) for industrial cleaning solvents; (3) voluntary diesel projects such as diesel retrofit for public or private local onroad or offroad fleets, idling reduction technology for Class 2 yard locomotives, and idling reduction technologies or strategies for truck stops, warehouses, and other freight-handling facilities; (4) promotion of accelerated turnover of lawn and garden equipment, focusing on commercial equipment; and (5) promotion of alternative fuels for fleets, home heating and agricultural use. Pennsylvania's rulemaking process and schedule for adoption and implementation of any necessary contingency measure is shown in the SIP submittals as being 18 months from PADEP's approval to initiate rulemaking. For all the reasons discussed in this section, EPA is proposing to approve Pennsylvania's 2006 PM_2.5 Second 10-year maintenance plan for the Harrisburg-York Area as meeting the requirements of section 175A of the CAA.

F. Motor Vehicle Emissions Budgets for Transportation Conformity

Section 176(c) of the CAA requires Federal actions in nonattainment and maintenance areas to “conform to” the goals of SIPs. This means that such actions will not cause or contribute to violations of a NAAQS, worsen the severity of an existing violation, or delay timely attainment of any NAAQS or any interim milestone. Actions involving Federal Highway Administration (FHWA), or Federal Transit Administration (FTA) funding or approval are subject to the transportation conformity rule (40 CFR part 93, subpart A). Under this rulemaking, metropolitan planning organizations (MPOs) in nonattainment and maintenance areas coordinate with state air quality and transportation agencies, the EPA, and the FHWA and FTA to demonstrate that their long-range transportation plans and transportation improvement programs (TIP) conform to applicable SIPs. This is typically determined by showing that estimated emissions from existing and planned highway and transit systems are less than or equal to the budgets contained in the SIP. On February 7, 2025, Pennsylvania submitted SIP revisions that contain the 2028 and 2036 PM_2.5 and NO_X onroad mobile source budgets for Cumberland, Dauphin, Lebanon, and York Counties, Pennsylvania.

Pennsylvania did not provide emission budgets for SO₂, VOC, and NH₃ because it concluded, consistent with the presumptions regarding these precursors in the Transportation Conformity Rule at 40 CFR 93.102(b)(2)(v), which predated and were not disturbed by the litigation on the 1997 PM_2.5 Implementation Rule, that emissions of these precursors from motor vehicles are not significant contributors to the Area's PM_2.5 air quality problem. The EPA issued conformity regulations to implement the 1997 annual PM_2.5 NAAQS in July 2004 and May 2005 (69 FR 40004, July 1, 2004 and 70 FR 24280, May 6, 2005). Those actions were not part of the final ( printed page 46363) rule remanded to EPA by the D.C. Circuit Court in NRDC v. EPA, No. 08-1250 (January 4, 2013), in which the D.C. Circuit Court remanded to the EPA the 1997 PM_2.5 Implementation Rule because it concluded that the EPA must implement that NAAQS pursuant to the PM-specific implementation provisions of subpart 4, rather than solely under the general provisions of subpart 1. That decision does not affect the EPA's proposed approval of the budgets for the Harrisburg-York Area. The 2028 and 2036 budgets in tons per year are presented in table 3 in this document.

A safety margin is defined in 40 CFR 93.101 as “the amount by which the total projected emissions from all sources of a given pollutant are less than the total emissions that would satisfy the applicable requirement for reasonable further progress, attainment, or maintenance.” As shown in Table 3 above, the State has explicitly quantified a safety margin for PM_2.5 and NO_X, for the Cumberland and Dauphin, Lebanon, and York Counties of the Harrisburg-Lebanon-Carlisle and York area for the years where budgets are established. The State determined the available safety margin by subtracting the total emissions of PM_2.5 in the last year of the maintenance plan, 2036, from the total emissions of PM_2.5 in the 2017 base year for the maintenance plan which is consistent with 40 CFR 93.124(a)(3). This calculation was repeated for NO_X . As noted in Table 3, the emissions in the Cumberland and Dauphin County area are projected to have safety margins of 21 tons per year (tpy) of PM_2.5 and 649 tpy of NO_X in 2036, Lebanon County was reported to have safety margins of 5 tpy of PM_2.5 and 162 tpy of NO_X in 2036, and York County was reported with a safety margin of 16 tpy of PM_2.5 and 413 tpy of NO_X in 2036.

The EPA's substantive criteria for determining adequacy of budgets are set out in 40 CFR 93.118(e)(4). Additionally, to approve the budgets, the EPA must complete a thorough review of the SIP, in this case the PM_2.5 maintenance plan, and conclude that with the projected level of motor vehicle and all other emissions, the SIP will achieve its overall purpose, in this case providing for maintenance of the 2006 PM_2.5 NAAQS. The EPA's process for determining adequacy of a budget consists of three basic steps: (1) providing public notification of a SIP submission; (2) providing the public the opportunity to comment on the budget during a public comment period; and (3) EPA taking action on the budget.

In this proposed rulemaking, EPA is initiating the process for determining whether or not the budgets are adequate for transportation conformity purposes. The publication of this document starts a 30-day public comment period on the adequacy of the submitted budgets. This comment period is concurrent with the comment period on this proposed action and comments should be submitted to the docket for this rulemaking. The EPA may choose to make its determination on the adequacy of the budgets either in the final rule on this maintenance plan or notify Pennsylvania of the determination in writing, and publish in both the Federal Register and on the EPA website.

The EPA has reviewed the budgets and found them consistent with the maintenance plan and that the budgets meet the criteria for adequacy and approval. Therefore, EPA is proposing to approve the 2028 and 2036 PM_2.5 and NO_X budgets for Cumberland, Dauphin, Lebanon, and York Counties for transportation conformity purposes. Additional information pertaining to the review of the motor vehicle emision budgets can be found in the TSDs can be found within the docket for this rulemaking.

IV. Proposed Action

The EPA is proposing to approve the Second Maintenance Plan for the Harrisburg-York Area for the 2006 PM_2.5 NAAQS as a revision to the Pennsylvania SIP because the plan meets the requirements of section 175A of the CAA as described previously in this proposed rulemaking.

In addition, the EPA is proposing to approve the 2017 and 2025 PM_2.5 and NO_X budgets submitted by Pennsylvania for Cumberland, Dauphin, Lebanon, and York Counties for transportation conformity purposes. EPA is also initiating the process for determining whether the budgets are adequate for transportation conformity purposes. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action.

V. Statutory and Executive Order Reviews

Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Clean Air Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve State choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this proposed 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 action:

• Is not a significant regulatory action subject to review by the Office of Management and Budget underExecutive Order 12866 (58 FR 51735, October 4, 1993);
• Is not anExecutive Order 14192 (90 FR 9065, February 6, 2025) regulatory action because this action is not significant 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.); ( printed page 46364)
• 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 inExecutive Order 13132 (64 FR 43255, August 10, 1999);
• Is not subject toExecutive Order 13045 (62 FR 19885, April 23, 1997) because it approves a State program;
• Is not a significant regulatory action subject toExecutive Order 13211 (66 FR 28355, May 22, 2001); and
• 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 Clean Air Act.

In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian Tribe has demonstrated that a Tribe has jurisdiction. In those areas of Indian country, the rule does not have Tribal implications and will not impose substantial direct costs on Tribal governments or preempt Tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

91 FR 46357