Approval and Promulgation of Air Quality Implementation Plan; Delaware; Emissions Statement Certification for the 2015 Ozone National Ambient Air Quality Standard, 2723-2725 [2022-00976]
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jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Rules and Regulations
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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where 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).
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
VerDate Sep<11>2014
16:00 Jan 18, 2022
Jkt 256001
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).
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 March 21, 2022. 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of this Federal Register, rather than file
an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action 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,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: January 12, 2022.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the
preamble, EPA amends title 40 CFR part
52 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.
2. Section 52.2585 is amended by
adding paragraph (pp) to read as
follows:
■
§ 52.2585
*
PO 00000
*
Control Strategy: Ozone.
*
Frm 00051
*
Fmt 4700
*
Sfmt 4700
2723
(pp) NNSR certification. Approval—
On July 27, 2021, Wisconsin submitted
a SIP revision certifying that the existing
SIP-approved nonattainment new
source review regulations fully satisfy
the nonattainment new source review
requirements for all areas not attaining
the 2015 Ozone NAAQS.
[FR Doc. 2022–00935 Filed 1–18–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2020–0554; FRL–9297–01–
R3]
Approval and Promulgation of Air
Quality Implementation Plan;
Delaware; Emissions Statement
Certification for the 2015 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
formally submitted by the Delaware
Department of Natural Resources and
Environmental Control (DNREC). The
revision provides Delaware’s
certification that its existing emissions
statement program satisfies the
emissions statement requirements of the
Clean Air Act (CAA) for the 2015 ozone
national ambient air quality standard
(NAAQS). EPA is approving Delaware’s
emissions statement program
certification for the 2015 ozone NAAQS
as a SIP revision in accordance with the
requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective on
February 18, 2022.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2020–0554. 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.
SUMMARY:
E:\FR\FM\19JAR1.SGM
19JAR1
2724
Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Serena Nichols, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. The telephone number is (215)
814–2053. Ms. Nichols can also be
reached via electronic mail at
Nichols.Serena@epa.gov.
SUPPLEMENTARY INFORMATION:
approval of Delaware’s certification that
its emissions statement regulation meets
the emissions statement requirement of
Section 182(a)(3)(B) of the CAA for the
2015 ozone NAAQS. The formal SIP
revision was submitted by the State of
Delaware, through DNREC, on August 3,
2020.
II. Summary of SIP Revision and EPA
Analysis
On August 3, 2020, Delaware, through
DNREC, submitted as a formal SIP
revision, a statement certifying that
Delaware’s existing SIP-approved
emissions statement program satisfies
I. Background
On March 31, 2021 (86 FR 16683),
EPA published a notice of proposed
rulemaking (NPRM) that proposed
the emissions statements requirements
for the 2015 ozone NAAQS and is at
least as stringent as the requirements of
CAA Section 182(a)(3)(B). The
provisions that implement Delaware’s
emissions statements program codified
at 7 DE Administrative Code 1117
Section 7.0 and were approved by EPA
into the Delaware SIP on April 29, 1996
(61 FR 7415, February 28, 1996). See 40
Code of Federal Regulations (CFR)
52.420(c). Table 1 in this document,
summarizes Delaware’s emissions
statements provisions and the
corresponding CAA Section 182(a)(3)(B)
requirements.
TABLE 1—DELAWARE EMISSIONS STATEMENTS PROVISIONS AND CAA SECTION 182(a)(3)(B) REQUIREMENTS
CAA section 182(a)(3)(B) 1 requirement
7 DE administrative code 1117 section 7.0 requirement
182(a)(3)(B)(i)—For marginal nonattainment areas, the State shall submit a SIP revision to require that the owner or operator of each stationary source of nitrogen oxides (NOX) or volatile organic compounds (VOCs) provide the State with a statement for classes or categories of sources showing the actual emissions of NOX and VOC
from that source.
7 DE Admin Code 1117 Section 7.1—Emissions statements requirements apply to all stationary sources located in an ozone nonattainment area that emit NOX or VOC. This would include marginal and
above non-attainment areas.
7 DE Admin Code 1117 Section 7.2—Emissions statements are required to include the following information: Source identification information, operating data, actual emissions data, control equipment information, and process rate information.
7 DE Admin Code 1117 Section 7.3—subject sources must submit to
DNREC their annual emissions statements by April 30 for the preceding calendar year. DNREC may require more frequent emissions
statements if required by EPA or if more frequent analysis of data is
necessary to implement the requirements of Title 7, Chapter 60. Environmental Control of the Delaware Code (7 Del.C. Chapter 60).
7 DE Admin Code 1117 Section 7.2—Each emissions statement shall
include a certification of the data to ensure that the information contained in the statement is accurate to the best knowledge of the individual certifying the statement, who shall be an official of the facility
and will take legal responsibility for the emissions statement’s accuracy.
7 DE Admin Code 1117 Section 7.1—DNREC may, with EPA approval,
waive the emissions statements requirements for classes or categories of stationary sources with facility-wide actual emissions of
less than 25 tpy of NOX or VOCs if the class or category is included
in the base year and periodic ozone SIP emission inventories.
182(a)(3)(B)(i)—Emissions statements are required to be submitted annually.
182(a)(3)(B)(i)—Emissions statements shall contain a certification that
the information contained in the statement is accurate to the best
knowledge of the individual certifying the statement.
182(a)(3)(B)(ii)—The State may waive the requirements for emissions
statements for any class or category of stationary sources which emit
less than 25 tons per year (tpy) of NOX or VOCs if the State provides an inventory of emissions from such class or category of
sources as required by CAA Section 172 and 182.
jspears on DSK121TN23PROD with RULES1
1 Section 182 of the CAA sets out a graduated control program for ozone nonattainment areas. Section 182(a) sets out requirements applicable in marginal ozone nonattainment areas, which are also applicable by Sections 182(b), (c), (d), and (e) to all other ozone nonattainment
areas. See 2015 memorandum titled ‘‘Emission Statement Requirement Under 8-hour Ozone NAAQS Implementation,’’ available online at https://
www.epa.gov/sites/production/files/2015-07/documents/8hourozone_naaqs_031406.pdf, Docket ID: EPA–R03–OAR–2020–0554.
EPA has determined that the SIPapproved provisions under 7 DE
Administrative Code 1117 Section 7.0
satisfy the requirements of CAA section
182(a)(3)(B) for the 2015 ozone NAAQS.
Therefore, EPA is proposing to approve,
as a SIP revision, the State of
Delaware’s, August 3, 2020 emissions
statements certification for the 2015
ozone NAAQS as approvable under
CAA Section 182(a)(3)(B).
Other specific requirements of
DNREC’s June 4, 2020 submittal and the
rationale for EPA’s proposed action are
explained in the NPRM and will not be
restated here. Two supportive public
comments were received on the NPRM.
VerDate Sep<11>2014
16:00 Jan 18, 2022
Jkt 256001
III. Final Action
EPA is approving, as a SIP revision,
the State of Delaware’s emissions
statement certification for the 2015
ozone NAAQS as approvable under
CAA Section 182(a)(3)(B). Delaware’s
emissions statement certification
certifies that Delaware’s existing SIPapproved emissions statement program
under 7 DE Administrative Code 1117
Section 7.0 satisfies the requirements of
CAA section 182(a)(3)(B) for the 2015
ozone NAAQS.
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
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);
E:\FR\FM\19JAR1.SGM
19JAR1
Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Rules and Regulations
• 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
Name of non-regulatory
SIP revision
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 March 21, 2022. 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
Applicable geographic area
State
submittal
date
*
*
*
Emissions Statement Certifi- Delaware’s portion of the Philacation for the 2015 Ozone
delphia-Wilmington-Atlantic
National Ambient Air QualCity, PA-NJ-MD-DE 2015
ity Standard.
ozone NAAQS nonattainment area (i.e., New Castle
County).
[FR Doc. 2022–00976 Filed 1–18–22; 8:45 am]
BILLING CODE 6560–50–P
*
8/3/20
jspears on DSK121TN23PROD with RULES1
Environmental Protection
Agency (EPA).
Fmt 4700
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 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
‘‘Emissions Statement Certification for
the 2015 Ozone National Ambient Air
Quality Standard’’ at the end of the table
to read as follows:
■
§ 52.420
*
Identification of plan.
*
*
(e) * * *
ACTION:
*
*
Final rule.
This regulation establishes
tolerances for residues of ethaboxam in
or on Brassica, leafy greens, subgroup
4–16B and Vegetable, Brassica, head
and stem, group 5–16. The Interregional
Research Project Number 4 (IR–4)
requested these tolerance actions under
the Federal Food, Drug, and Cosmetic
Act (FFDCA).
SUMMARY:
AGENCY:
Frm 00053
Dated: January 10, 2022.
Diana Esher,
Acting Regional Administrator, Region III.
*
*
Certification that Delaware’s SIP-approved regulations under 7 DE Administrative Code 1117 Section 7.0
meet the emissions statements requirements
of
CAA
Section
182(a)(3)(B) for the 2008 ozone
NAAQS.
ENVIRONMENTAL PROTECTION
AGENCY
PO 00000
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
*
1/19/2022, [insert Federal Register citation].
Ethaboxam; Pesticide Tolerances
Jkt 256001
List of Subjects in 40 CFR Part 52
Additional
explanation
[EPA–HQ–OPP–2021–0045; FRL–9331–01–
OCSPP]
16:00 Jan 18, 2022
such rule or action. This action
approving Delaware’s emissions
statement certification for the 2015
ozone NAAQS may not be challenged
later in proceedings to enforce its
requirements. (See section 307(b)(2).)
EPA approval date
40 CFR Part 180
VerDate Sep<11>2014
2725
Sfmt 4700
E:\FR\FM\19JAR1.SGM
19JAR1
]]>Agencies
[Federal Register Volume 87, Number 12 (Wednesday, January 19, 2022)]
[Rules and Regulations]
[Pages 2723-2725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00976]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2020-0554; FRL-9297-01-R3]
Approval and Promulgation of Air Quality Implementation Plan;
Delaware; Emissions Statement Certification for the 2015 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 formally submitted by the Delaware
Department of Natural Resources and Environmental Control (DNREC). The
revision provides Delaware's certification that its existing emissions
statement program satisfies the emissions statement requirements of the
Clean Air Act (CAA) for the 2015 ozone national ambient air quality
standard (NAAQS). EPA is approving Delaware's emissions statement
program certification for the 2015 ozone NAAQS as a SIP revision in
accordance with the requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on February 18, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2020-0554. 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.
[[Page 2724]]
FOR FURTHER INFORMATION CONTACT: Serena Nichols, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2053. Ms. Nichols can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On March 31, 2021 (86 FR 16683), EPA published a notice of proposed
rulemaking (NPRM) that proposed approval of Delaware's certification
that its emissions statement regulation meets the emissions statement
requirement of Section 182(a)(3)(B) of the CAA for the 2015 ozone
NAAQS. The formal SIP revision was submitted by the State of Delaware,
through DNREC, on August 3, 2020.
II. Summary of SIP Revision and EPA Analysis
On August 3, 2020, Delaware, through DNREC, submitted as a formal
SIP revision, a statement certifying that Delaware's existing SIP-
approved emissions statement program satisfies the emissions statements
requirements for the 2015 ozone NAAQS and is at least as stringent as
the requirements of CAA Section 182(a)(3)(B). The provisions that
implement Delaware's emissions statements program codified at 7 DE
Administrative Code 1117 Section 7.0 and were approved by EPA into the
Delaware SIP on April 29, 1996 (61 FR 7415, February 28, 1996). See 40
Code of Federal Regulations (CFR) 52.420(c). Table 1 in this document,
summarizes Delaware's emissions statements provisions and the
corresponding CAA Section 182(a)(3)(B) requirements.
Table 1--Delaware Emissions Statements Provisions and CAA Section
182(a)(3)(B) Requirements
------------------------------------------------------------------------
CAA section 182(a)(3)(B) \1\ 7 DE administrative code 1117
requirement section 7.0 requirement
------------------------------------------------------------------------
182(a)(3)(B)(i)--For marginal 7 DE Admin Code 1117 Section
nonattainment areas, the State shall 7.1--Emissions statements
submit a SIP revision to require that requirements apply to all
the owner or operator of each stationary sources located in
stationary source of nitrogen oxides an ozone nonattainment area
(NOX) or volatile organic compounds that emit NOX or VOC. This
(VOCs) provide the State with a would include marginal and
statement for classes or categories of above non-attainment areas.
sources showing the actual emissions 7 DE Admin Code 1117 Section
of NOX and VOC from that source. 7.2--Emissions statements are
required to include the
following information: Source
identification information,
operating data, actual
emissions data, control
equipment information, and
process rate information.
182(a)(3)(B)(i)--Emissions statements 7 DE Admin Code 1117 Section
are required to be submitted annually. 7.3--subject sources must
submit to DNREC their annual
emissions statements by April
30 for the preceding calendar
year. DNREC may require more
frequent emissions statements
if required by EPA or if more
frequent analysis of data is
necessary to implement the
requirements of Title 7,
Chapter 60. Environmental
Control of the Delaware Code
(7 Del.C. Chapter 60).
182(a)(3)(B)(i)--Emissions statements 7 DE Admin Code 1117 Section
shall contain a certification that the 7.2--Each emissions statement
information contained in the statement shall include a certification
is accurate to the best knowledge of of the data to ensure that the
the individual certifying the information contained in the
statement. statement is accurate to the
best knowledge of the
individual certifying the
statement, who shall be an
official of the facility and
will take legal responsibility
for the emissions statement's
accuracy.
182(a)(3)(B)(ii)--The State may waive 7 DE Admin Code 1117 Section
the requirements for emissions 7.1--DNREC may, with EPA
statements for any class or category approval, waive the emissions
of stationary sources which emit less statements requirements for
than 25 tons per year (tpy) of NOX or classes or categories of
VOCs if the State provides an stationary sources with
inventory of emissions from such class facility-wide actual emissions
or category of sources as required by of less than 25 tpy of NOX or
CAA Section 172 and 182. VOCs if the class or category
is included in the base year
and periodic ozone SIP
emission inventories.
------------------------------------------------------------------------
\1\ Section 182 of the CAA sets out a graduated control program for
ozone nonattainment areas. Section 182(a) sets out requirements
applicable in marginal ozone nonattainment areas, which are also
applicable by Sections 182(b), (c), (d), and (e) to all other ozone
nonattainment areas. See 2015 memorandum titled ``Emission Statement
Requirement Under 8-hour Ozone NAAQS Implementation,'' available
online at https://www.epa.gov/sites/production/files/2015-07/documents/8hourozone_naaqs_031406.pdf, Docket ID: EPA-R03-OAR-2020-0554.
EPA has determined that the SIP-approved provisions under 7 DE
Administrative Code 1117 Section 7.0 satisfy the requirements of CAA
section 182(a)(3)(B) for the 2015 ozone NAAQS. Therefore, EPA is
proposing to approve, as a SIP revision, the State of Delaware's,
August 3, 2020 emissions statements certification for the 2015 ozone
NAAQS as approvable under CAA Section 182(a)(3)(B).
Other specific requirements of DNREC's June 4, 2020 submittal and
the rationale for EPA's proposed action are explained in the NPRM and
will not be restated here. Two supportive public comments were received
on the NPRM.
III. Final Action
EPA is approving, as a SIP revision, the State of Delaware's
emissions statement certification for the 2015 ozone NAAQS as
approvable under CAA Section 182(a)(3)(B). Delaware's emissions
statement certification certifies that Delaware's existing SIP-approved
emissions statement program under 7 DE Administrative Code 1117 Section
7.0 satisfies the requirements of CAA section 182(a)(3)(B) for the 2015
ozone NAAQS.
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);
[[Page 2725]]
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 March 21, 2022. 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 approving Delaware's emissions statement
certification for the 2015 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,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: January 10, 2022.
Diana Esher,
Acting Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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 ``Emissions Statement Certification for the 2015 Ozone
National Ambient Air Quality Standard'' at the end of the table to read
as follows:
Sec. 52.420 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP Applicable submittal EPA approval date Additional
revision geographic area date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Emissions Statement Certification Delaware's portion 8/3/20 1/19/2022, [insert Certification that
for the 2015 Ozone National of the Philadelphia- Federal Register Delaware's SIP-
Ambient Air Quality Standard. Wilmington-Atlantic citation]. approved
City, PA-NJ-MD-DE regulations under
2015 ozone NAAQS 7 DE
nonattainment area Administrative
(i.e., New Castle Code 1117 Section
County). 7.0 meet the
emissions
statements
requirements of
CAA Section
182(a)(3)(B) for
the 2008 ozone
NAAQS.
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[FR Doc. 2022-00976 Filed 1-18-22; 8:45 am]
BILLING CODE 6560-50-P
