Air Plan Approval; Delaware; Nonattainment New Source Review Requirements for 2015 8-Hour Ozone National Ambient Air Quality Standard, 26179-26181 [2021-10039]
Download as PDF
<![CDATA[
Federal Register / Vol. 86, No. 91 / Thursday, May 13, 2021 / Rules and Regulations
the computations under paragraph
(b)(2)(ii) of this section.
(5) Where the Level I Wage or Level
IV Wage provided under paragraphs
(b)(2)(iii)(C)(1) through (3) of this
section exceeds the Level I Wage or
Level IV Wage provided under
paragraph (b)(2)(ii) of this section in a
given period, the Level I Wage or Level
IV Wage for that period shall be the
wage provided under paragraph
(b)(2)(ii) of this section, and the Level II
Wage and Level III Wage for that period
shall be adjusted by applying the
formulae provided in paragraphs
(b)(2)(ii)(B) and (C) of this section.
(D) Where a Level IV Wage provided
under paragraph (b)(2)(iii) of this
section cannot be computed due to wage
values exceeding the uppermost interval
of the OES wage interval methodology,
the OFLC Administrator shall determine
the Level IV Wage using the current
hourly wage rate applicable to the
highest OES wage interval for the
specific occupation and geographic area
or the arithmetic mean of the wages of
all workers for the most specific
occupation and geographic area
available, whichever is highest.
(iv) The OFLC Administrator will
publish, at least once in each calendar
year, on a date to be determined by the
OFLC Administrator, the prevailing
wage levels under paragraphs (b)(2)(ii)
and (iii) of this section as a notice
posted on the OFLC website.
(3) If the employer provides a survey
acceptable under paragraph (g) of this
section, the prevailing wage for labor
certification purposes shall be the
arithmetic mean of the wages of workers
similarly employed in the area of
intended employment. If an otherwise
acceptable survey provides a median
and does not provide an arithmetic
mean, the prevailing wage applicable to
the employer’s job opportunity shall be
the median of the wages of workers
similarly employed in the area of
intended employment.
*
*
*
*
*
Suzan G. LeVine,
Principal Deputy Assistant Secretary for
Employment and Training, Labor.
[FR Doc. 2021–10084 Filed 5–12–21; 8:45 am]
BILLING CODE 4510–FP–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2021–0069; FRL–10023–
62–Region 3]
Air Plan Approval; Delaware;
Nonattainment New Source Review
Requirements for 2015 8-Hour Ozone
National Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Delaware Department
of Natural Resources and Environmental
Control (DNREC). The revision fulfills
Delaware’s nonattainment new source
review (NNSR) SIP element requirement
for the 2015 8-hour ozone National
Ambient Air Quality Standard
(NAAQS). EPA is approving these
revisions to the Delaware SIP in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This final rule is effective on
June 14, 2021.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2021–0069. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Amy Johansen, Permits Branch (3AD10),
Air & Radiation Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2156.
Ms. Johansen can also be reached via
electronic mail at johansen.amy@
epa.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Background
On March 24, 2021 (86 FR 15634),
EPA published a notice of proposed
rulemaking (NPRM) for the State of
VerDate Sep<11>2014
16:06 May 12, 2021
Jkt 253001
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
26179
Delaware. In the NPRM, EPA proposed
approval of Delaware’s certification that
its existing NNSR program, covering the
Delaware portion of the PhiladelphiaWilmington-Atlantic City, PA-NJ-MDDE (Philadelphia Area) nonattainment
area (which includes New Castle
County) for the 2015 8-hour ozone
NAAQS, is at least as stringent as the
requirements at 40 Code of Federal
Regulations (CFR) 51.165, as amended
by the final rule titled ‘‘Implementation
of the 2015 National Ambient Air
Quality Standards for Ozone:
Nonattainment Area State
Implementation Plan Requirements’’
(SIP Requirements Rule), for ozone and
its precursors. See 83 FR 62998
(December 6, 2018). The formal SIP
revision was submitted by Delaware on
August 3, 2020.
II. Summary of SIP Revision and EPA
Analysis
Delaware’s SIP approved NNSR
program, established in Title 7 Delaware
Administrative Code (DE Admin Code)
1125 (Requirements for Preconstruction
Review), applies to the construction and
modification of major stationary sources
in nonattainment areas. In its August 3,
2020 SIP revision, Delaware certifies
that the version of Title 7 DE Admin
Code Section 1125 approved in the SIP
is at least as stringent as the Federal
NNSR requirements for the Philadelphia
Area.1 EPA last approved Delaware’s
major NNSR program as being
consistent with Federal NNSR
requirements on August 12, 2019. 84 FR
39758 (August 12, 2019). In that action,
EPA approved DNREC’s 2008 Ozone
Certification SIP revision for NNSR.
Delaware has chosen not to include
certain optional NNSR provisions that
EPA could approve, pertaining to
emissions change of VOC in extreme
nonattainment areas and emission
reduction credits. Delaware’s choice not
to include these provisions does not
affect EPA’s determination regarding the
approvability of its August 3, 2020
submittal, and they were not discussed
in this rule.2
1 On October 20, 2016, EPA disapproved a
proposed SIP revision that sought to include
additional ERC provisions, adopted by Delaware on
December 11, 2016, into the Delaware SIP,
specifically, 7 DE Admin Code 1125 Sections 2.5.5
and 2.5.6. 81 FR 72529. Since EPA disapproved
these provisions, the previously approved
provisions that EPA approved into Delaware’s SIP
on October 2, 2012 remain applicable Federal
requirements. 77 FR 60053.
2 DNREC provided information regarding antibacksliding in its August 3, 2020 SIP submittal to
EPA, which was not a requirement of EPA’s 2015
Ozone SIP Requirements Rule. See 83 FR 62998
(December 6, 2018). EPA noted in the 2015 Ozone
SIP Requirements Rule that it would address anti-
E:\FR\FM\13MYR1.SGM
Continued
13MYR1
26180
Federal Register / Vol. 86, No. 91 / Thursday, May 13, 2021 / Rules and Regulations
Other specific requirements and the
rationale for EPA’s proposed action are
explained in the NPRM and will not be
restated here. One supportive comment
was received for this action, which can
be found in Docket ID Number EPA–
R03–OAR–2021–0069.
III. Final Action
For the reasons stated in the NPRM,
EPA has concluded that Delaware’s
submission fulfills the 40 CFR 51.1114
revision requirements, meets the
requirements of CAA sections 110 and
172 and the minimum SIP requirements
of 40 CFR 51.165. EPA is approving
Delaware’s August 3, 2020 SIP revision
addressing the NNSR requirements for
the 2015 8-hour ozone NAAQS for the
Philadelphia Area to the Delaware SIP.
IV. Statutory and Executive Order
Reviews
A. General Requirements
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 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);
• 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.);
backsliding in a future rulemaking action; therefore,
EPA will not be acting on anything related to antibacksliding in this action.
VerDate Sep<11>2014
16:06 May 12, 2021
Jkt 253001
• 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 rule 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.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 12, 2021. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action pertaining to
Delaware’s NNSR program and the 2015
8-hour ozone NAAQS may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: May 7, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart I—Delaware
2. In § 52.420, the table in paragraph
(e) is amended by adding an entry for
‘‘2015 8-Hour Ozone Certification for
Nonattainment New Source Review
(NNSR)’’ at the end of the table to read
as follows:
■
§ 52.420
*
Identification of plan.
*
*
(e) * * *
E:\FR\FM\13MYR1.SGM
13MYR1
*
*
Federal Register / Vol. 86, No. 91 / Thursday, May 13, 2021 / Rules and Regulations
Name of non-regulatory SIP revision
*
*
2015 8-Hour Ozone Certification for Nonattainment New Source Review (NNSR).
*
*
*
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2020–0327; FRL–10021–
93–Region 1]
Air Plan Approval; Maine;
Infrastructure State Implementation
Plan Requirements for the 2015 Ozone
Standard and Negative Declaration for
the Oil and Gas Industry for the 2008
and 2015 Ozone Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Maine. This
revision addresses the infrastructure
requirements of the Clean Air Act (CAA
or Act) for the 2015 ozone National
Ambient Air Quality Standards
(NAAQS). This action includes all
elements of these infrastructure
requirements except for the ‘‘Good
Neighbor’’ or ‘‘transport’’ provisions,
which will be addressed in a future
action. EPA is also approving a State of
Maine submittal of amendments to 06–
096 CMR Chapter 110, ‘‘Ambient Air
Quality Standards,’’ as well as a
submittal of statutory conflict-of-interest
provisions in 38 Maine Revised Statutes
Annotated (MRSA) Section 341–A and
341–C; resulting in the conversion of a
number of previous conditional
approvals. In addition, EPA is
approving SIP revisions submitted by
Maine that provide the state’s
determination, via a negative
declaration for the 2008 and 2015 ozone
standards, that there are no facilities
within its borders subject to EPA’s 2016
Control Technique Guideline (CTG) for
the oil and gas industry. This action is
being taken under the Clean Air Act.
DATES: This rule is effective on June 14,
2021.
SUMMARY:
Jkt 253001
EPA approval date
*
*
08/03/20
*
*
EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2020–0327. All documents in the docket
are listed on the https://
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available at https://
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
Region 1 Regional Office, Air and
Radiation Division, 5 Post Office
Square—Suite 100, Boston, MA. EPA
requests that if at all possible, you
contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays and
facility closures due to COVID–19.
FOR FURTHER INFORMATION CONTACT:
Alison C. Simcox, Air Quality Branch,
U.S. Environmental Protection Agency,
EPA Region 1, 5 Post Office Square—
Suite 100, (Mail code 05–2), Boston, MA
02109–3912, tel. (617) 918–1684, email
simcox.alison@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On January 22, 2021 (86 FR 6591),
EPA published a Notice of Proposed
Rulemaking (NPRM) to approve most
elements of a Maine SIP revision
addressing the infrastructure
requirements of Clean Air Act (CAA or
Act) sections 110(a)(1) and 110(a)(2)—
excluding the interstate transport
provisions—for the 2015 ozone National
Ambient Air Quality Standards
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
Additional explanation
*
5/13/21, [Insert Federal
Register citation].
ADDRESSES:
BILLING CODE 6560–50–P
16:06 May 12, 2021
*
Delaware portion of the Philadelphia-Wilmington-Atlantic City nonattainment area
(which includes New Castle County).
[FR Doc. 2021–10039 Filed 5–12–21; 8:45 am]
VerDate Sep<11>2014
State
submittal
date
Applicable geographic area
26181
*
*
(NAAQS). This NPRM also proposed to
approve into Maine’s SIP amendments
to state regulations at 06–096 CMR
Chapter 110, ‘‘Ambient Air Quality
Standards,’’ and several conflict of
interest (COI) provisions in Maine’s
statutes, which support the state’s
infrastructure submittal for the 2015
ozone NAAQS. The NPRM also
proposed, based on the Chapter 110
amendments and the COI provisions, to
convert to full approval a number of
EPA conditional approvals of earlier
Maine infrastructure SIP submissions
for other NAAQS. The NPRM also
proposed to approve a Maine SIP
submission that provides the state’s
determination, via a negative
declaration, that there are no facilities
within its borders subject to EPA’s 2016
Control Technique Guideline (CTG) for
the oil and gas industry for the 2008 and
2015 ozone standards.
The NPRM addressed the following
submissions from the Maine Department
of Environmental Protection (Maine
DEP): A February 14, 2020, submission
addressing infrastructure requirements
for the 2015 ozone NAAQS; a May 28,
2019, submission of amendments to the
aforementioned regulations; a
September 4, 2019, submission of
several COI provisions in Maine state
law; and a May 14, 2020, negative
declaration for the 2016 CTG for the Oil
and Natural Gas Industry for the 2008
and 2015 ozone standards.
The rationale for EPA’s proposed
action is given in the NPRM and will
not be restated here. No public
comments were received on the NPRM.
II. Final Action
EPA is approving most of the
elements of the infrastructure SIP
submitted by Maine on February 14,
2020, for the 2015 ozone NAAQS.
Today’s action does not include the
‘‘good neighbor’’ provisions (i.e., CAA
section 110(a)(2)(D)(i)), also known as a
state’s Transport SIP. EPA will address
Maine’s Transport SIP for the 2015
ozone NAAQS in a future action.
EPA also is approving, and
incorporating into the Maine SIP, the
following regulation, submitted on May
E:\FR\FM\13MYR1.SGM
13MYR1
]]>Agencies
[Federal Register Volume 86, Number 91 (Thursday, May 13, 2021)]
[Rules and Regulations]
[Pages 26179-26181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10039]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0069; FRL-10023-62-Region 3]
Air Plan Approval; Delaware; Nonattainment New Source Review
Requirements for 2015 8-Hour Ozone National Ambient Air Quality
Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Delaware Department
of Natural Resources and Environmental Control (DNREC). The revision
fulfills Delaware's nonattainment new source review (NNSR) SIP element
requirement for the 2015 8-hour ozone National Ambient Air Quality
Standard (NAAQS). EPA is approving these revisions to the Delaware SIP
in accordance with the requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on June 14, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2021-0069. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Amy Johansen, Permits Branch (3AD10),
Air & Radiation Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone
number is (215) 814-2156. Ms. Johansen can also be reached via
electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On March 24, 2021 (86 FR 15634), EPA published a notice of proposed
rulemaking (NPRM) for the State of Delaware. In the NPRM, EPA proposed
approval of Delaware's certification that its existing NNSR program,
covering the Delaware portion of the Philadelphia-Wilmington-Atlantic
City, PA-NJ-MD-DE (Philadelphia Area) nonattainment area (which
includes New Castle County) for the 2015 8-hour ozone NAAQS, is at
least as stringent as the requirements at 40 Code of Federal
Regulations (CFR) 51.165, as amended by the final rule titled
``Implementation of the 2015 National Ambient Air Quality Standards for
Ozone: Nonattainment Area State Implementation Plan Requirements'' (SIP
Requirements Rule), for ozone and its precursors. See 83 FR 62998
(December 6, 2018). The formal SIP revision was submitted by Delaware
on August 3, 2020.
II. Summary of SIP Revision and EPA Analysis
Delaware's SIP approved NNSR program, established in Title 7
Delaware Administrative Code (DE Admin Code) 1125 (Requirements for
Preconstruction Review), applies to the construction and modification
of major stationary sources in nonattainment areas. In its August 3,
2020 SIP revision, Delaware certifies that the version of Title 7 DE
Admin Code Section 1125 approved in the SIP is at least as stringent as
the Federal NNSR requirements for the Philadelphia Area.\1\ EPA last
approved Delaware's major NNSR program as being consistent with Federal
NNSR requirements on August 12, 2019. 84 FR 39758 (August 12, 2019). In
that action, EPA approved DNREC's 2008 Ozone Certification SIP revision
for NNSR.
---------------------------------------------------------------------------
\1\ On October 20, 2016, EPA disapproved a proposed SIP revision
that sought to include additional ERC provisions, adopted by
Delaware on December 11, 2016, into the Delaware SIP, specifically,
7 DE Admin Code 1125 Sections 2.5.5 and 2.5.6. 81 FR 72529. Since
EPA disapproved these provisions, the previously approved provisions
that EPA approved into Delaware's SIP on October 2, 2012 remain
applicable Federal requirements. 77 FR 60053.
---------------------------------------------------------------------------
Delaware has chosen not to include certain optional NNSR provisions
that EPA could approve, pertaining to emissions change of VOC in
extreme nonattainment areas and emission reduction credits. Delaware's
choice not to include these provisions does not affect EPA's
determination regarding the approvability of its August 3, 2020
submittal, and they were not discussed in this rule.\2\
---------------------------------------------------------------------------
\2\ DNREC provided information regarding anti-backsliding in its
August 3, 2020 SIP submittal to EPA, which was not a requirement of
EPA's 2015 Ozone SIP Requirements Rule. See 83 FR 62998 (December 6,
2018). EPA noted in the 2015 Ozone SIP Requirements Rule that it
would address anti-backsliding in a future rulemaking action;
therefore, EPA will not be acting on anything related to anti-
backsliding in this action.
---------------------------------------------------------------------------
[[Page 26180]]
Other specific requirements and the rationale for EPA's proposed
action are explained in the NPRM and will not be restated here. One
supportive comment was received for this action, which can be found in
Docket ID Number EPA-R03-OAR-2021-0069.
III. Final Action
For the reasons stated in the NPRM, EPA has concluded that
Delaware's submission fulfills the 40 CFR 51.1114 revision
requirements, meets the requirements of CAA sections 110 and 172 and
the minimum SIP requirements of 40 CFR 51.165. EPA is approving
Delaware's August 3, 2020 SIP revision addressing the NNSR requirements
for the 2015 8-hour ozone NAAQS for the Philadelphia Area to the
Delaware SIP.
IV. Statutory and Executive Order Reviews
A. General Requirements
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 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);
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 rule 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.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 12, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action pertaining to Delaware's NNSR program and the 2015
8-hour ozone NAAQS may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: May 7, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart I--Delaware
0
2. In Sec. 52.420, the table in paragraph (e) is amended by adding an
entry for ``2015 8-Hour Ozone Certification for Nonattainment New
Source Review (NNSR)'' at the end of the table to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(e) * * *
[[Page 26181]]
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State submittal EPA approval
revision geographic area date date Additional explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
2015 8-Hour Ozone Delaware portion 08/03/20 5/13/21, [Insert
Certification for of the Federal
Nonattainment New Source Philadelphia- Register
Review (NNSR). Wilmington- citation].
Atlantic City
nonattainment
area (which
includes New
Castle County).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2021-10039 Filed 5-12-21; 8:45 am]
BILLING CODE 6560-50-P
