Federal Register / Vol. 87, No. 104 / Tuesday, May 31, 2022 / Proposed Rules 32379 

dependency on NDBs. The advances in 

technology have allowed for alternate 

navigation methods to support 

decommissioning of high cost ground 

navigation equipment. The FAA 

conducted a non-rulemaking study, in 

accordance with FAA Order JO 7400.2, 

Procedures for Handling Airspace 

Matters, in 2021 on the Point Hope, AK, 

(PHO) NDB due to the ongoing high cost 

of maintenance and repairs. As a result 

of the study, there were no objections 

received to remove the Point Hope, AK, 

(PHO) NDB. Therefore, the FAA 

proceeded to schedule the 

decommissioning of the Point Hope, 

AK, (PHO) NDB. 

With the planned decommissioning of 

the Point Hope, AK, (PHO) NDB, the 

remaining ground-based coverage in the 

area is insufficient to enable the 

continuity of a portion of the Alaskan 

V–531. As such, this proposal would 

result in Alaskan V–531 being shortened 

with a new end point. To overcome the 

loss of a portion of Alaskan V–531, 

pilots equipped with Area Navigation 

(RNAV) capabilities may use RNAV Troute, T–229, as an alternate route. A 

separate rule-making action proposes to 

extend RNAV T–229 and have it overlay 

the proposed shortened segment of 

Alaskan V–531; this proposed extension 

of T–229 would be effective prior to the 

shortening of V–531. 

The Proposal 

The FAA is proposing an amendment 

to 14 CFR part 71 to amend the Alaskan 

VOR Federal airway V–531, due to the 

planned decommissioning of the Point 

Hope, AK, (PHO) NDB. The proposed 

airway change is described below. 

Alaskan V–531. Alaskan V–531 

currently navigates between the 

Fairbanks, AK, VHF Omnidirectional 

Range and Tactical Air Navigational 

System (VORTAC) and the Point Hope, 

AK, NDB. The FAA proposes to remove 

a portion of the airway between the 

Kotzebue, AK, VOR/Distance Measuring 

Equipment (VOR/DME) and the Point 

Hope, AK, NDB. The Alaskan airway 

would then terminate at the Kotzebue, 

AK, VOR/DME. The unaffected portions 

of the existing airway would remain as 

charted. 

Alaskan VOR Federal airways are 

published in paragraph 6010(b) 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 Alaskan VOR 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 6010(b) Alaskan VOR Federal 

Airways 

* * * * * 

V–531 [Amended] 

From Fairbanks, AK, via Tanana, AK; 

Huslia, AK; Selawik, AK; to Kotzebue, AK 

* * * * * 

Issued in Washington, DC, on May 23, 

2022. 

Scott M. Rosenbloom, 

Manager, Airspace Rules and Regulations. 

[FR Doc. 2022–11503 Filed 5–27–22; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2022–0121; FRL–9823–01– 

R3] 

Air Plan Approval; Pennsylvania; 2015 

Ozone National Ambient Air Quality 

Standard Nonattainment New Source 

Review Certification 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

this state implementation plan (SIP) 

revision that will fulfill Pennsylvania’s 

nonattainment new source review 

(NNSR) SIP element requirement for the 

2015 8-hour ozone national ambient air 

quality standard (NAAQS). This action 

is being taken under the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before June 30, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2022–0121 at https://

www.regulations.gov, or via email to 

Opila.MaryCate@epa.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 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 


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32380 Federal Register / Vol. 87, No. 104 / Tuesday, May 31, 2022 / Proposed Rules 

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: 

Justin Leary, Permits Branch (3AD10), 

Air & Radiation Division, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. The 

telephone number is (215) 814–2189. 

Mr. Leary can also be reached via 

electronic mail at Leary.Justin@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

January 8, 2021, the Pennsylvania 

Department of Environmental Protection 

(PADEP) submitted a revision on behalf 

of the Commonwealth of Pennsylvania 

(Commonwealth or Pennsylvania) for its 

SIP. The revision comprises the NNSR 

Certification for the 2015 8-hour ozone 

NAAQS. Pennsylvania is certifying that 

the Commonwealth’s federally approved 

nonattainment new source review 

regulation in 25 Pennsylvania Code of 

Regulations (Pa. Code) Chapter 127 

applies statewide and covers the 

Philadelphia-Wilmington-Atlantic City, 

PA-NJ-MD-DE nonattainment area for 

the 2015 ozone NAAQS. Pennsylvania 

asserts that its nonattainment new 

source review program is at least as 

stringent as the requirements at 40 CFR 

51.165, as amended by the final rule 

titled ‘‘Implementation of the 2015 

National Ambient Air Quality Standards 

for Ozone: Nonattainment Area State 

Implementation Plan Requirements’’ 

(SRR) for ozone and its precursors. See 

83 FR 62998 (December 6, 2018). 

I. Background 

EPA promulgated a revised 8-hour 

ozone NAAQS of 0.070 parts per million 

(ppm). 80 FR 65452 (October 26, 2015). 

Under EPA’s regulation at 40 CFR 50.19 

the 2015 8-hour ozone standard is 

obtained when the three-year average of 

the 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 that 

EPA 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 Philadelphia-Wilmington-Atlantic 

City, PA-NJ-MD-DE nonattainment Area 

was designated nonattainment and 

classified as a marginal nonattainment 

area for the 2015 8-hour ozone NAAQS 

on August 3, 2018. Based on initial 

nonattainment designations for the 2015 

8-hour ozone NAAQS, as well as the 

December 6, 2018, final SRR, 

Pennsylvania was required to develop a 

SIP revision addressing specific CAA 

requirements for the Philadelphia Area 

and submit to EPA a NNSR Certification 

SIP or SIP revision no later than 36 

months after the effective date of area 

designations for the 2015 8-hour ozone 

NAAQS (i.e., August 3, 2021). See 83 FR 

62998 (December 6, 2018). EPA’s 

analysis of how this SIP revision 

addresses the NNSR requirements for 

the 2015 8-hour ozone NAAQS is 

provided in Section II of this 

rulemaking action. 

II. Summary of SIP Revision and EPA 

Analysis 

This rulemaking action is specific to 

Pennsylvania’s NNSR requirements. 

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 2015 8-hour 

ozone NAAQS are located in 40 CFR 

51.160–165. 

The minimum SIP requirements for 

NNSR permitting programs for the 2015 

8-hour ozone NAAQS are located in 40 

CFR 51.165. See 40 CFR 51.1314. Under 

the 2015 8-hour ozone NAAQS NNSR 

SIP requirements, the SIP for each ozone 

nonattainment area must contain NNSR 

provisions that: (1) 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); (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); (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); (4) 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); (5) set 

significant emissions rates for VOCs and 

NOX as ozone precursors pursuant to 40 

CFR 51.165(a)(1)(x)(A)–(C) and (E); (6) 

contain provisions for emissions 

reductions credits pursuant to 40 CFR 

51.165(a)(3)(ii)(C)(1)–(2); (7) provide 

that the requirements applicable to VOC 

also apply to NOX pursuant to 40 CFR 

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

and NOX pursuant to 40 CFR 

51.165(a)(9)(i)–(iii) (renumbered as 

(a)(9)(ii)–(iv) under the SIP 

Requirements Rule for the 2008 8-hour 

ozone NAAQS); and (9) in meeting 

emissions offset requirement of 

paragraph (a)(3), the emission offsets 

obtained be for the same regulated NSR 

pollutant with the exception of direct 

fine particulate matter (PM2.5) emissions 

and emission of precursors of PM2.5

pursuant 40 CFR 51.165(a)(11). 

Pennsylvania’s SIP approved NNSR 

program, established in the Pa. Code 

Rule 25 Pa. Code Chapter 127— 

Construction, Modification, 

Reactivation, and Operation of Sources, 

applies to the construction and 

modification of major stationary sources 

in nonattainment areas. In its October 

30, 2017, SIP revision, Pennsylvania 

certifies that the version of 25 Pa. Code 

Chapter 127 in the SIP is at least as 

stringent as the Federal NNSR 

requirements for the PhiladelphiaWilmington-Atlantic City, PA-NJ-MDDE nonattainment area. EPA last 

approved revisions to Pennsylvania’s 

major NNSR SIP on February 22, 2019. 

In that action, EPA approved 

Pennsylvania’s NNSR program under 

the 2008 8-hour ozone NAAQS and 

made PADEP’s NNSR program 

consistent with Federal requirements. 

See 84 FR 5598 (February 22, 2019). The 

version of 25 Pa. Code Chapter 127 that 

is contained in the current SIP and 

covers the Philadelphia-WilmingtonAtlantic City, PA-NJ-MD-DE 

nonattainment area and is adequate to 

meet all applicable NNSR requirements 

for the 2015 8-hour ozone NAAQS 

found in 40 CFR 51.165, and the SRR. 

III. Proposed Action 

EPA’s review of this material 

indicates that Pennsylvania’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 Pennsylvania’s SIP revision 

addressing the NNSR requirements for 

the 2015 8-hour ozone NAAQS for the 

Philadelphia Area, which was 

submitted on January 8, 2020. EPA is 

soliciting public comments on the 

issues discussed in this document. 

These comments will be considered 

before taking final action. 

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 


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Federal Register / Vol. 87, No. 104 / Tuesday, May 31, 2022 / Proposed Rules 32381 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this proposed 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 

rulemaking, approving Pennsylvania’s 

2015 8-hour ozone NAAQS Certification 

SIP revision for NNSR, 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, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Adam Ortiz, 

Regional Administrator, Region III. 

[FR Doc. 2022–11498 Filed 5–27–22; 8:45 am] 

BILLING CODE 6560–50–P 


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