Air Plan Approval; Delaware; Philadelphia Area Base Year Inventory for the 2015 Ozone National Ambient Air Quality Standards, 17011-17013 [2022-06276]
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17011
Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Rules and Regulations
(2) Previously approved on January
15, 1987 in paragraph (c)(166)(i)(A)(1)
and now deleted without replacement
for implementation in the Antelope
Valley Air Quality Management District,
Rule 466.
(B) [Reserved]
(ii) [Reserved]
*
*
*
*
*
(184) * * *
(i) * * *
(B) * * *
(13) Previously approved on August
11, 1992 in paragraph (c)(184)(i)(B)(2)
and now deleted without replacement
for implementation in the Antelope
Valley Air Quality Management District,
Rule 465.
*
*
*
*
*
(ii) [Reserved]
*
*
*
*
■ 3. Section 52.220a in paragraph (c),
table 1 is amended by revising the
entries for ‘‘6452’’, ‘‘6452.2’’, ‘‘6558’’,
‘‘6577’’ and ‘‘6864’’ to read as follows:
*
§ 52.220a
*
Identification of plan—in part.
*
*
(c) * * *
*
*
TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1
State
effective
date
EPA
approval date
Additional explanation
*
11/1/2013
*
81 FR 64350, 9/20/
2016.
*
*
Amends previous version of rule approved at 77 FR 65294 (October 26,
2012). Amended rule adopted by the
California Department of Pesticide
Regulation on May 23, 2013. Submitted on February 4, 2015.
*
*
Volatile Organic Compound Emission
Limits.
*
11/1/2013
*
81 FR 64350, 9/20/
2016.
*
*
Amends previous version of rule approved at 77 FR 65294 (October 26,
2012). Amended rule adopted by the
California Department of Pesticide
Regulation on May 23, 2013. Submitted on February 4, 2015.
*
6558 ...................
*
*
Recommendations for Use of Nonfumigants in the San Joaquin Valley
Ozone Nonattainment Area.
*
11/1/2013
*
81 FR 64350, 9/20/
2016.
*
*
Adopted by the California Department of
Pesticide Regulation on May 23, 2013.
Submitted on February 4, 2015.
*
6577 ...................
*
*
Sales of Nonfumigants for Use in the
San Joaquin Valley Ozone Nonattainment Area.
*
11/1/2013
*
81 FR 64350, 9/20/
2016.
*
*
Adopted by the California Department of
Pesticide Regulation on May 23, 2013.
Submitted on February 4, 2015.
*
6864 ...................
*
*
Criteria for Identifying Pesticides as
Toxic Air Contaminants.
*
11/1/2013
*
81 FR 64350, 9/20/
2016.
*
*
Adopted by the California Department of
Pesticide Regulation on May 23, 2013.
Submitted on February 4, 2015.
State citation
Title/subject
*
6452 ...................
*
*
Reduced Volatile Organic Compound
Emissions Field Fumigation Methods.
*
6452.2 ................
*
*
*
*
*
*
*
1 Table
1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable SIP. Table 2 of paragraph (c) lists
approved California test procedures, test methods and specifications that are cited in certain regulations listed in table 1. Approved California
statutes that are nonregulatory or quasi-regulatory are listed in paragraph (e).
*
*
*
*
*
[FR Doc. 2022–06292 Filed 3–24–22; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
40 CFR Part 52
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[EPA–R03–OAR–2021–0854; FRL–9381–02–
R3]
Air Plan Approval; Delaware;
Philadelphia Area Base Year Inventory
for the 2015 Ozone National Ambient
Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
SUMMARY:
VerDate Sep<11>2014
15:53 Mar 24, 2022
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implementation plan (SIP) revision
formally submitted by the State of
Delaware. This revision consists of the
base year inventory for the Delaware
portion of the Philadelphia-WilmingtonAtlantic City, PA–NJ–MD–DE marginal
nonattainment area (Philadelphia Area)
for the 2015 ozone national ambient air
quality standards (NAAQS). This action
is being taken under the Clean Air Act
(CAA).
DATES: This final rule is effective on
April 25, 2022.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2021–0854. All
documents in the docket are listed on
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17012
Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
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:
Adam Yarina, 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)
814–2108. Mr. Yarina can also be
reached via electronic mail at
Yarina.Adam@epa.gov.
SUPPLEMENTARY INFORMATION: On
October 9, 2020, the Delaware
Department of Natural Resources and
Environmental Control (DNREC) on
behalf of the State of Delaware,
submitted a revision to the Delaware SIP
entitled, ‘‘2017 Base Year Emissions
Inventory State Implementation Plan for
VOC, NOX, and CO for Areas of
Marginal Nonattainment of the 2015
Ozone NAAQS in Delaware.’’ New
Castle County comprises Delaware’s
portion of the Philadelphia-WilmingtonAtlantic City, PA–NJ–MD–DE 2015
ozone NAAQS nonattainment area. This
SIP revision, referred to in this
rulemaking action as the ‘‘New Castle
County base year inventory SIP,’’
addresses Delaware’s base year
inventory requirement for the 2015
ozone NAAQS.
I. Background
The background for this action is
discussed in detail in the January 21,
2022 notice of proposed rulemaking
(NPRM) and will not be restated here.
See 87 FR 3259. The NPRM proposed to
approve the 2017 New Castle County
base year inventory SIP for the 2015
ozone NAAQS for the Philadelphia Area
because the State prepared the
inventory in accordance with the
requirements in sections 172(c)(3) and
182(a)(1) 1 of the CAA and its
implementing regulations, including
those at 40 CFR 51.1315. EPA is
1 42
U.S.C. 7502(c)(3), 7511a(a)(1).
VerDate Sep<11>2014
15:53 Mar 24, 2022
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finalizing its proposed approval of
Delaware’s 2017 New Castle County
base year inventory for the 2015 ozone
NAAQS for the Philadelphia Area.
II. Response to Comments Received
EPA held a 30-day public comment
period on the NPRM for this action,
beginning on January 21, 2022 and
ending on February 22, 2022. No
comments were received.
III. Final Action
EPA’s review of this material
indicates the New Castle County base
year inventory SIP meets the base year
inventory requirements for the 2015
ozone NAAQS for the Philadelphia
Area. Therefore, EPA is approving the
New Castle County base year inventory
SIP, which was submitted on October 9,
2020.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this 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
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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 final rule approving
Delaware’s base year inventory SIP for
the 2015 ozone NAAQS does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Nitrogen dioxide, Volatile
organic compounds.
Dated: March 20, 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
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
‘‘Philadelphia Area Base Year Inventory
for the 2015 Ozone National Ambient
Air Quality Standards’’ at the end of the
table to read as follows:
■
§ 52.420
Identification of plan.
(e) * * *
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Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Rules and Regulations
Name of non-regulatory SIP
revision
Applicable geographic area
*
*
Philadelphia Area Base Year Inventory for the 2015 Ozone National Ambient Air Quality
Standards.
*
*
Delaware’s portion of the Philadelphia-Wilmington-Atlantic City, PA–NJ–MD–DE
2015 ozone NAAQS nonattainment area
(i.e., New Castle County).
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2018–0156; FRL–9574–01–
OCSPP]
Butoxypolypropylene glycol, et al.;
Exemption From the Requirement of a
Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
exemptions from the requirement of a
tolerance for residues of
butoxypolypropylene glycol (BPG; abutyl-w¬-hydroxy-poly-oxy(methyl-1,2ethanediyl) (CAS Reg. No. 9003–13–8)),
oxirane, 2-methyl-, polymer with
oxirane, mono-2-propen-1-yl ether (CAS
Reg. No. 9041–33–2; polyether 1),
poly(oxy-1,2-ethanediyl), a-acetyl-w¬-(2propen-1-yloxy)- (CAS Reg. No. 27252–
87–5; polyether 2) and poly(oxy-1,2ethanediyl), a-methyl-w¬-(2-propen-1yloxy)- (CAS Reg. No. 27252–80–8;
polyether 3) when used as an inert
ingredient in/on growing crops and raw
agricultural commodities pre- and postharvest and applied to animals. Spring
Trading Company, on behalf of Evonik
Corporation, submitted a petition to
EPA under the Federal Food, Drug, and
Cosmetic Act (FFDCA), requesting
establishment of exemptions from the
requirement of a tolerance. This
regulation eliminates the need to
establish a maximum permissible level
for residues of BPG and polyethers 1, 2,
and 3 when used in accordance with
these exemptions.
DATES: This regulation is effective
March 25, 2022. Objections and requests
for hearings must be received on or
before May 24, 2022, and must be filed
in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
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EPA approval date
*
10/09/20
*
3/25/2022, [insert
Federal Register
citation].
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2018–0156, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805.
Due to the public health concerns
related to COVID–19, the EPA Docket
Center (EPA/DC) and Reading Room is
open to visitors by appointment only.
For the latest status information on
EPA/DC services and access, visit
https://www.epa.gov/dockets.
ADDRESSES:
[FR Doc. 2022–06276 Filed 3–24–22; 8:45 am]
SUMMARY:
State submittal
date
FOR FURTHER INFORMATION CONTACT:
Marietta Echeverria, Registration
Division (7505P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; main
telephone number: (703) 305–7090;
email address: RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
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17013
Additional
explanation
*
Delaware’s portion of
the Philadelphia
Area consists of
New Castle County.
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Office of the Federal
Register’s e-CFR site at https://
www.ecfr.gov/current/title-40.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2018–0156 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing and must be received
by the Hearing Clerk on or before May
24, 2022. Addresses for mail and hand
delivery of objections and hearing
requests are provided in 40 CFR
178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2018–0156, by one of the following
methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
online instructions for submitting
comments. Do not submit electronically
any information you consider to be CBI
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
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]]>Agencies
[Federal Register Volume 87, Number 58 (Friday, March 25, 2022)]
[Rules and Regulations]
[Pages 17011-17013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06276]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0854; FRL-9381-02-R3]
Air Plan Approval; Delaware; Philadelphia Area Base Year
Inventory for the 2015 Ozone National Ambient Air Quality Standards
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 State of
Delaware. This revision consists of the base year inventory for the
Delaware portion of the Philadelphia-Wilmington-Atlantic City, PA-NJ-
MD-DE marginal nonattainment area (Philadelphia Area) for the 2015
ozone national ambient air quality standards (NAAQS). This action is
being taken under the Clean Air Act (CAA).
DATES: This final rule is effective on April 25, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2021-0854. All documents in the docket are listed on
[[Page 17012]]
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: Adam Yarina, 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) 814-2108. Mr. Yarina can also be reached
via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION: On October 9, 2020, the Delaware Department
of Natural Resources and Environmental Control (DNREC) on behalf of the
State of Delaware, submitted a revision to the Delaware SIP entitled,
``2017 Base Year Emissions Inventory State Implementation Plan for VOC,
NOX, and CO for Areas of Marginal Nonattainment of the 2015
Ozone NAAQS in Delaware.'' New Castle County comprises Delaware's
portion of the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE 2015
ozone NAAQS nonattainment area. This SIP revision, referred to in this
rulemaking action as the ``New Castle County base year inventory SIP,''
addresses Delaware's base year inventory requirement for the 2015 ozone
NAAQS.
I. Background
The background for this action is discussed in detail in the
January 21, 2022 notice of proposed rulemaking (NPRM) and will not be
restated here. See 87 FR 3259. The NPRM proposed to approve the 2017
New Castle County base year inventory SIP for the 2015 ozone NAAQS for
the Philadelphia Area because the State prepared the inventory in
accordance with the requirements in sections 172(c)(3) and 182(a)(1)
\1\ of the CAA and its implementing regulations, including those at 40
CFR 51.1315. EPA is finalizing its proposed approval of Delaware's 2017
New Castle County base year inventory for the 2015 ozone NAAQS for the
Philadelphia Area.
---------------------------------------------------------------------------
\1\ 42 U.S.C. 7502(c)(3), 7511a(a)(1).
---------------------------------------------------------------------------
II. Response to Comments Received
EPA held a 30-day public comment period on the NPRM for this
action, beginning on January 21, 2022 and ending on February 22, 2022.
No comments were received.
III. Final Action
EPA's review of this material indicates the New Castle County base
year inventory SIP meets the base year inventory requirements for the
2015 ozone NAAQS for the Philadelphia Area. Therefore, EPA is approving
the New Castle County base year inventory SIP, which was submitted on
October 9, 2020.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this 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 final rule approving Delaware's base year
inventory SIP for the 2015 ozone NAAQS does not have tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is not approved to apply in Indian
country located in the State, and EPA notes that it will not impose
substantial direct costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Nitrogen dioxide, Volatile organic
compounds.
Dated: March 20, 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 ``Philadelphia Area Base Year Inventory for the 2015 Ozone
National Ambient Air Quality Standards'' at the end of the table to
read as follows:
Sec. 52.420 Identification of plan.
(e) * * *
[[Page 17013]]
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State Additional
revision area submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Philadelphia Area Base Year Delaware's portion of 10/09/20 3/25/2022, [insert Delaware's portion
Inventory for the 2015 Ozone the Philadelphia- Federal Register of the
National Ambient Air Quality Wilmington-Atlantic citation]. Philadelphia Area
Standards. City, PA-NJ-MD-DE 2015 consists of New
ozone NAAQS Castle County.
nonattainment area
(i.e., New Castle
County).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2022-06276 Filed 3-24-22; 8:45 am]
BILLING CODE 6560-50-P
