Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Rules and Regulations 2723 

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 

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 Control Strategy: Ozone. 

* * * * * 

(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 

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. 


jspears on DSK121TN23PROD with RULES1
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: 

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 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. 

182(a)(3)(B)(i)—Emissions statements are required to be submitted annually.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). 

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.

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. 

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.

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. 

1Section 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. 

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 

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); 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Rules and Regulations 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 

■ 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) * * * 

Name of non-regulatory 

SIP revision Applicable geographic area 

State 

submittal 

date 

EPA approval date Additional 

explanation 

*******

Emissions Statement Certification for the 2015 Ozone 

National Ambient Air Quality Standard.

Delaware’s portion of the Philadelphia-Wilmington-Atlantic 

City, PA-NJ-MD-DE 2015 

ozone NAAQS nonattainment area (i.e., New Castle 

County).

8/3/20 1/19/2022, [insert Federal Register citation].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. 

[FR Doc. 2022–00976 Filed 1–18–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2021–0045; FRL–9331–01– 

OCSPP] 

Ethaboxam; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: 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). 


jspears on DSK121TN23PROD with RULES1