Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Proposed Rules 12631 

dated August 10, 2021, and effective 

September 15, 2021. FAA Order JO 

7400.11F is publicly available as listed 

in the ADDRESSES section of this 

document. FAA Order JO 7400.11F lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

Background 

The aviation industry/users have 

indicated a desire for the FAA to 

transition the Alaskan en route 

navigation structure away from the 

dependency on NDBs. The advances in 

technology have allowed for alternate 

navigation methods to support 

decommissioning of high cost ground 

navigation equipment. The FAA has 

included SMA and VTR on their 

schedule to be decommissioned 

effective February 23, 2023. A nonrulemaking study was conducted in 

2021 in accordance with FAA Order JO 

7400.2, Procedures for Handling 

Airspace Matters. As a result, the FAA 

received no objections to its removal. 

Colored Federal airway G–15 is 

dependent upon SMA and VTR and will 

result in the airway being unusable once 

the decommissioning occurs. The FAA 

is proposing to revoke G–15 as a result. 

To mitigate the loss of G–15, the FAA 

has a planned United States Navigation 

(RNAV) route, T–286, and VHF 

Omnidirectional Radar (VOR) Federal 

airway V–510 which overlays the 

segment of the route between the Anvik 

Airport and the McGrath Airport in 

Alaska. 

The Proposal 

The FAA is proposing an amendment 

to 14 CFR part 71 to revoke Colored 

Federal airway G–15 due to the 

decommissioning of SMA and VTR. 

Colored Federal airway G–15 

currently navigates between the St. 

Mary’s, AK, NDB and the Takotna River, 

AK, NDB. The FAA proposes to revoke 

G–15 in its entirety. 

Colored Federal airways are 

published in paragraph 6009(a) of FAA 

Order JO 7400.11F dated August 10, 

2021 and effective September 15, 2021, 

which is incorporated by reference in 14 

CFR 71.1. The Colored Federal airway 

listed in this document would be 

published subsequently in FAA Order 

JO 7400.11. 

FAA Order JO 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore: (1) Is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this proposed rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 6009(a) Colored Federal 

Airways. 

* * * * * 

G–15 [Remove] 

* * * * * 

Issued in Washington, DC, on March 2, 

2022. 

Michael R. Beckles, 

Manager, Rules and Regulations Group. 

[FR Doc. 2022–04721 Filed 3–4–22; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2021–0662; FRL–9465–01– 

R3] 

Air Plan Approval; Maryland; 

Nonattainment New Source Review 

Requirements for 2015 8-Hour Ozone 

National Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule and withdrawal 

of a prior proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

submitted by the Maryland Department 

of the Environment (MDE) on behalf of 

the State of Maryland (Maryland). This 

revision certifies that Maryland’s 

existing nonattainment new source 

review (NNSR) program, covering the 

Baltimore nonattainment area, the 

Philadelphia-Wilmington-Atlantic City 

nonattainment area, and the 

Washington, DC nonattainment area for 

the 2008 8-hour ozone national ambient 

air quality standards (NAAQS), is at 

least as stringent as applicable Federal 

requirements. EPA is proposing to 

approve this revision in accordance 

with the requirements of the Clean Air 

Act (CAA). Additionally, EPA is 

withdrawing a prior proposed approval 

of a related Maryland SIP submittal 

regarding ozone interprecursor trading. 

DATES: The proposed rule published on 

October 27, 2020 (85 FR 68029) is 

withdrawn as of March 7, 2022. Written 

comments on the proposed approval 

must be received on or before April 6, 

2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2021–0662 at https://

www.regulations.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 


khammond on DSKJM1Z7X2PROD with PROPOSALS
12632 Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Proposed Rules 

1EPA has not yet formally determined whether 

these areas timely attained, and any such final 

determination will be made by EPA in a future 

action. 

2EPA notes that neither COMAR 26.11.17 nor 

Maryland’s approved SIP have the regulatory 

provision for any emissions change of VOC in 

extreme nonattainment areas, specified in 40 CFR 

51.165(a)(1)(v)(F), because Maryland has never had 

an area designated extreme nonattainment for any 

of the ozone NAAQS. Thus, the Maryland SIP is not 

required to have this requirement for VOC in 

extreme nonattainment areas until such time as 

Maryland has an extreme ozone nonattainment 

area. 

3Under the 1997 8-hour ozone NAAQS, the 

Baltimore Area was classified as serious 

nonattainment and the Philadelphia-WilmingtonAtlantic City and Washington, DC Areas were 

classified as moderate nonattainment. 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Yongtian He, Permits Branch (3AD10), 

Air & Radiation Division, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. The 

telephone number is (215) 814–2339. 

Mr. He can also be reached via 

electronic mail at He.Yongtian@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 3, 2020, MDE submitted SIP 

#20–05: ‘‘Nonattainment New Source 

Review (NNSR) Certification for the 

State of Maryland 2015 Ozone NAAQS 

Nonattainment Areas,’’ (#20–05) as a 

revision to Maryland’s SIP. In this SIP 

revision, MDE is certifying that its 

existing NNSR program, covering the 

Baltimore nonattainment area (which 

includes Anne Arundel, Baltimore, 

Carroll, Harford, and Howard Counties 

and the city of Baltimore), the Maryland 

portion of Philadelphia-WilmingtonAtlantic City nonattainment area (which 

includes Cecil County in Maryland), 

and the Maryland portion of the 

Washington, DC nonattainment area 

(which includes Calvert, Charles, 

Frederick, Montgomery, and Prince 

Georges Counties in Maryland) for the 

2015 8-hour ozone NAAQS, is at least 

as stringent as the requirements at 40 

CFR 51.165 for ozone and its precursors. 

On October 1, 2015 (effective 

December 28, 2015), EPA promulgated a 

revised 8-hour ozone NAAQS of 0.070 

parts per million (ppm). 80 FR 65292 

(October 26, 2015). Under EPA’s 

regulations at 40 CFR 50.19, the 2015 8- 

hour ozone NAAQS is attained when 

the three-year average of the annual 

fourth-highest daily maximum 8-hour 

average ambient air quality ozone 

concentration is less than or equal to 

0.070 ppm. Upon promulgation of a new 

or revised NAAQS, the CAA requires 

EPA to designate as nonattainment any 

area that is violating the NAAQS based 

on the three most recent years of 

ambient air quality data at the 

conclusion of the designation process. 

The Baltimore nonattainment area, the 

Philadelphia-Wilmington-Atlantic City 

nonattainment area, and the 

Washington, DC-MD-VA area were 

classified as marginal nonattainment for 

the 2015 8-hour ozone NAAQS on June 

4, 2018 (effective August 3, 2018) using 

2014–2016 ambient air quality data. 83 

FR 25776 (June 4, 2018). 

On December 6, 2018, EPA issued the 

final SIP Requirements Rule, which 

establishes the requirements that state, 

tribal, and local air quality management 

agencies must meet as they develop 

implementation plans for areas where 

air quality exceeds the 2015 8-hour 

ozone NAAQS. Areas that were 

designated as marginal ozone 

nonattainment areas are required to 

attain the 2015 8-hour ozone NAAQS no 

later than August 3, 2021.1 83 FR 10376 

(March 9, 2018) and 83 FR 62998 

(December 6, 2018). 

II. Summary of SIP Revision and EPA 

Analysis 

This rulemaking is specific to 

Maryland’s NNSR requirements for the 

Baltimore nonattainment area, the 

Philadelphia-Wilmington-Atlantic City 

nonattainment area, and the 

Washington, DC-MD-VA nonattainment 

area. NNSR is a preconstruction review 

permit program that applies to new 

major stationary sources or major 

modifications at existing sources located 

in a nonattainment area. The specific 

NNSR requirements for the ozone 

NAAQS are located in 40 CFR 51.160 

through 51.165. The SIP Requirements 

Rule explained that, for each 

nonattainment area, a NNSR plan or 

plan revision was due no later than 36 

months after the effective date of area 

designations for the 2015 8-hour ozone 

standard (i.e., August 3, 2021). 

The minimum SIP requirements for 

NNSR permitting programs for the 2015 

8-hour ozone NAAQS are set forth in 40 

CFR 51.165. See 40 CFR 51.1114. The 

SIP for each ozone nonattainment area 

must contain NNSR provisions that: Set 

major source thresholds for oxides of 

nitrogen (NOX) and volatile organic 

compounds (VOCs) pursuant to 40 CFR 

51.165(a)(1)(iv)(A)(1)(i)–(iv) and (2); 

classify physical changes as a major 

source if the change would constitute a 

major source by itself pursuant to 40 

CFR 51.165(a)(1)(iv)(A)(3); consider any 

significant net emissions increase of 

NOX as a significant net emissions 

increase for ozone pursuant to 40 CFR 

51.165(a)(1)(v)(E); consider certain 

increases of VOC emissions in extreme 

ozone nonattainment areas as a 

significant net emissions increase and a 

major modification for ozone pursuant 

to 40 CFR 51.165(a)(1)(v)(F); 2 set 

significant emissions rates for VOC and 

NOX as ozone precursors pursuant to 40 

CFR 51.165(a)(1)(x)(A)–(C) and (E); 

contain provisions for emissions 

reductions credits pursuant to 40 CFR 

51.165(a)(3)(ii)(C)(1)–(2); provide that 

the requirements applicable to VOC also 

apply to NOX pursuant to 40 CFR 

51.165(a)(8); and set offset ratios for 

VOC and NOX pursuant to 40 CFR 

51.165(a)(9) (ii)–(iv). For the 2015 8- 

hour ozone NAAQS, the SIP for each 

ozone nonattainment area designated 

nonattainment for the 2008 8-hour 

ozone NAAQS and designated 

nonattainment for the 1997 ozone 

NAAQS on April 6, 2015, must also 

contain NNSR provisions that include 

the anti-backsliding requirements at 40 

CFR 51.1105. See 40 CFR 51.165(a)(12). 

Maryland’s longstanding SIP 

approved NNSR program, established in 

Code of Maryland Regulations (COMAR) 

Air Quality Rule COMAR 26.11.17— 

Nonattainment Provisions for Major 

New Sources and Major Modifications, 

applies to the construction and 

modification of major stationary sources 

in nonattainment areas. In its June 3, 

2020 SIP revision, Maryland certifies 

that the version of the Air Quality Rule 

COMAR 26.11.17 in the SIP is at least 

as stringent as the Federal NNSR 

requirements for the PhiladelphiaWilmington-Atlantic City 

nonattainment area, the Washington, DC 

nonattainment area, and the Baltimore 

nonattainment area. EPA last approved 

revisions to the SIP approved version of 

Maryland’s NNSR rule in 2018 in 

response to EPA’s February 3, 2017 

Findings of Failure to Submit for 

various requirements relating to the 

2008 8-hour ozone NAAQS. 83 FR 3982 

(January 29, 2018). Maryland has not 

changed these major stationary source 

threshold provisions in COMAR 

26.11.17.01(17), so they remain in 

Maryland’s federally approved SIP.3 All 

of the sources located in the 2015 8- 

hour ozone nonattainment areas in 

Maryland are required to meet a major 

stationary source threshold of 25 tons or 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Proposed Rules 12633 

more per year of VOC or NOX. Because 

Maryland’s major stationary source 

thresholds were established for the 1997 

8-hour ozone NAAQS nonattainment 

designations, they have been changed, 

and therefore they are more stringent 

than required by the 2008 and 2015 8- 

hour ozone NAQQS. 

COMAR 26.11.17 currently includes 

provisions allowing ozone 

interprecursor trading. On January 31, 

2020, MDE submitted a SIP revision 

(#20–02) to incorporate the 

interprecursor trading provisions of 

COMAR 26.11.17 into the Maryland SIP. 

On October 27, 2020, EPA published a 

notice of proposed rulemaking (NPRM) 

in which EPA proposed to approve 

Maryland SIP revision #20–02). 85 FR 

68029 (October 27, 2020). MDE’s SIP 

Revision #20–05 submission to EPA 

referenced those interprecursor trading 

provisions of COMAR 26.11.17 in its 

certification that Maryland’s NNSR 

program was consistent with Federal 

requirements. Subsequently, on January 

29, 2021, the United States Court of 

Appeals for the D.C. Circuit concluded 

that ozone interprecursor trading is not 

permissible under the CAA and vacated 

ozone interprecursor trading, i.e., the 

interprecursor trading provision in the 

Federal NNSR regulations. Sierra Club 

v. EPA, 985 F.3d 1055 (D.C. Cir. 2021). 

EPA removed the language allowing 

interprecursor trading for ozone and 

restored the language in the NNSR 

regulations to the form it was in after 

the EPA’s 2008 p.m.2.5 implementation 

rule. 86 FR 37918 (July 19, 2021). After 

the court decision and EPA’s 

withdrawal of the interprecursor trading 

provisions, by letter dated October 26, 

2021, Maryland withdrew SIP revision 

#20–02 with the interprecursor trading 

provisions in its entirety. Additionally, 

in a separate clarification letter dated 

October 26, 2021, MDE requested that 

EPA withdraw from EPA’s 

consideration those portions of SIP 

revision #20–05 which related to ozone 

interprecursor trading. Furthermore, 

MDE committed to removing the 

interprecursor trading provisions from 

COMAR and to not implementing them 

in the interim. Consequently, those 

provisions are no longer pending action 

before EPA. EPA is publishing this 

notice of proposed rulemaking to notify 

commenters that EPA no longer intends 

to take final action on SIP revision #20– 

02 or to consider that SIP revision in 

this proposal to approve SIP revision 

#20–05. 

III. Proposed Action 

EPA’s review of this material 

indicates that the Maryland’s 

submission fulfills the 40 CFR 51.1114 

revision requirement, meets the 

requirements of CAA sections 110 and 

172 and the minimum SIP requirements 

of 40 CFR 51.165. EPA is proposing to 

approve Maryland’s SIP revision 

addressing the NNSR requirements for 

the 2015 8-hour ozone NAAQS for the 

Baltimore, MD, PhiladelphiaWilmington-Atlantic City, PA-NJ-MDDE, and Washington, DC-MD-VA 

nonattainment areas, which was 

submitted on June 3, 2020. EPA is 

soliciting public comments on the 

issues discussed in the proposed 

approval. These comments will be 

considered before taking final action. 

Additionally, because MDE has 

officially withdrawn its January 31, 

2020 SIP revision #20–02 in its entirety, 

EPA is withdrawing the proposed action 

for that SIP revision in this action. 

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); 

• 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 proposed 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Diana Esher, 

Acting Regional Administrator, Region III. 

[FR Doc. 2022–04719 Filed 3–4–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2021–0133; FRL–8473–02– 

OAR] 

RIN 2060–AV27 

National Emission Standards for 

Hazardous Air Pollutants: Technology 

Review for Wood Preserving Area 

Sources; Technical Correction for 

Surface Coating of Wood Building 

Products 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is proposing 

the results of the technology review 

conducted in accordance with the Clean 

Air Act (CAA) for the National 

Emissions Standards for Hazardous Air 

Pollutants (NESHAP) for Wood 

Preserving Area Sources. The EPA is 

proposing no changes to the standards 

as a result of the technology review. The 


khammond on DSKJM1Z7X2PROD with PROPOSALS