[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]


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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 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.
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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:
     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]]



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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]
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