Rule2022-06276
Air Plan Approval; Delaware; Philadelphia Area Base Year Inventory for the 2015 Ozone National Ambient Air Quality Standards
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 25, 2022
Effective
April 25, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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).
Full Text
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<title>Federal Register, Volume 87 Issue 58 (Friday, March 25, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06276]
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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.
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#f5ac94879c9b94dbb4919498b5908594db929a83"><span class="__cf_email__" data-cfemail="95ccf4e7fcfbf4bbd4f1f4f8d5f0e5f4bbf2fae3">[email protected]</span></a>.
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,
NO<INF>X</INF>, 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.
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\1\ 42 U.S.C. 7502(c)(3), 7511a(a)(1).
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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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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]]
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Name of non-regulatory SIP Applicable geographic State Additional
revision area submittal date EPA approval date explanation
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* * * * * * *
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).
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[FR Doc. 2022-06276 Filed 3-24-22; 8:45 am]
BILLING CODE 6560-50-P
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