Federal Register / Vol. 87, No. 112 / Friday, June 10, 2022 / Rules and Regulations 35421 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. 

Luvenia Potts, 

Regulations Development Coordinator, Office 

of Regulation Policy & Management, Office 

of General Counsel, Department of Veterans 

Affairs. 

For the reasons set out in the 

preamble, VA amends 38 CFR part 8 as 

set forth below: 

PART 8—NATIONAL SERVICE LIFE 

INSURANCE 

■ 1. The authority citation for part 8 

continues to read as follows: 

Authority: 38 U.S.C. 501, 1901–1929, 

1981–1988, unless otherwise noted. 

■ 2. Amend § 8.2 by revising paragraph 

(c)(2) and adding paragraph (c)(3) to 

read as follows: 

§ 8.2 Payment of premiums. 

* * * * * 

(c) * * * 

(2) Policyholders may pay premiums 

in advance on an annual basis. 

(3) Policyholders insured as of July 

11, 2022 may pay premiums in advance 

on an annual, semi-annual, or quarterly 

basis. 

* * * * * 

■ 3. Amend § 8.13: 

■ a. In paragraph (a), by removing 

‘‘which will not exceed 94 percent’’ and 

adding ‘‘policy’’ before ‘‘reserve’’ in the 

first sentence. 

■ b. By revising paragraph (d). 

The revision reads as follows: 

§ 8.13 Policy loans. 

* * * * * 

(d) Notwithstanding any other 

provisions of this section, the variable 

loan rate shall not exceed 12 percent or 

be lower than 5 percent per annum. For 

policyholders with an existing fixed-rate 

loan who subsequently apply for an 

additional loan on the same policy, the 

existing fixed-rate loan shall be 

refinanced into the new variable-rate 

loan at the prevailing variable rate at the 

time of the new loan application. 

* * * * * 

[FR Doc. 2022–12561 Filed 6–9–22; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2021–0662; FRL–9465–02– 

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: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision 

submitted by the State of Maryland. The 

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 2015 8-hour ozone national ambient 

air quality standards (NAAQS), is at 

least as stringent as applicable Federal 

requirements. EPA is approving these 

revisions to the Maryland SIP in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This final rule is effective on July 

11, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2021–0662. 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. 

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 March 7, 2022 (87 FR 12631), EPA 

published a notice of proposed 

rulemaking (NPRM) for the State of 

Maryland. In the NPRM, EPA proposed 

approval of 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. The formal SIP 

revision (#20–05) was submitted by 

Maryland on June 3, 2020. 

In the 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 PhiladelphiaWilmington-Atlantic 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). See 80 FR 

65292 (October 26, 2015). 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 PhiladelphiaWilmington-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. See 

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. See 83 FR 

10376 (March 9, 2018) and 83 FR 62998 

(December 6, 2018). On April 13, 2022, 

EPA proposed to determine that the 


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Baltimore and Philadelphia 

nonattainment areas had not timely 

attained the 2015 ozone NAAQS. See 87 

FR 21842. EPA has not yet taken final 

action on that proposal. 

II. Summary of SIP Revision and EPA 

Analysis 

This rule is specific to Maryland’s 

NNSR requirements for the Baltimore 

nonattainment area, the PhiladelphiaWilmington-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. 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 must also contain NNSR 

provisions that include the antibacksliding 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. 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). See 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. See Sierra 

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

2021). EPA subsequently removed the 

language allowing interprecursor 

trading for ozone from our NNSR 

regulations. See 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. Consequently, the proposed 

rule on interprecursor trading that was 

published on October 27, 2020 (85 FR 

68029) was withdrawn on March 7, 

2022. See 87 FR 12631. 

Other specific requirements of 40 CFR 

51.1114, the requirements of CAA 

sections 110 and 172, the minimum SIP 

requirements of 40 CFR 51.165, and the 

rationale for EPA’s proposed action are 

explained in the NPRM, and will not be 

restated here. No public comments were 

received on the NPRM. 

III. Final Action 

EPA is approving Maryland’s June 3, 

2020’s SIP revision addressing the 

NNSR requirements for the 2015 8-hour 

ozone NAAQS for the Baltimore, MD, 

Philadelphia-Wilmington-Atlantic City, 

PA-NJ-MD-DE, and Washington, DCMD-VA nonattainment areas as a 

revision to the Maryland SIP. EPA has 

concluded that the State’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. 

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, 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). 

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 


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Federal Register / Vol. 87, No. 112 / Friday, June 10, 2022 / Rules and Regulations 35423 

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 August 9, 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 Maryland’s 2015 8-hour 

Ozone NAAQS Certification SIP 

revision for NNSR 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Adam Ortiz, 

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 V—Maryland 

■ 2. In § 52.1070, the table in paragraph 

(e) is amended by adding an entry for 

‘‘2015 8-Hour Ozone NAAQS 

Nonattainment New Source Review 

Requirements’’ at the end of the table to 

read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP 

revision Applicable geographic area 

State 

submittal 

date 

EPA approval 

date 

Additional 

explanation 

*******

2015 8-Hour Ozone NAAQS 

Nonattainment New Source 

Review Requirements.

The Baltimore Area (includes Anne Arundel, Baltimore, Carroll, Harford, and Howard Counties and the city of Baltimore), the Philadelphia-Wilmington-Atlantic City Area (includes Cecil County in Maryland), and the Washington, 

DC Area (includes Calvert, Charles, Frederick, Montgomery, and Prince Georges Counties in Maryland).

6/3/2020 6/10/2022, [Insert Federal 

Register citation].

........................

[FR Doc. 2022–12255 Filed 6–9–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2022–0196; FRL–9701–02– 

R3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Removal of Stage II 

Gasoline Vapor Recovery Program 

Requirements and Revision of Stage I 

Gasoline Vapor Recovery Program 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision, 

made in two separate submittals, by the 

State of Delaware. This revision 

removes requirements for gasoline vapor 

recovery systems installed on gasoline 

dispensers, the purpose of which are to 

capture emissions from vehicle 

refueling operations, otherwise known 

as Stage II vapor recovery. This revision 

also strengthens Delaware’s 

requirements for gasoline vapor 

recovery systems that capture emissions 

from storage tank refueling operations, 

otherwise known as Stage I vapor 

recovery. Specifically, this action 

removes from the approved SIP priorapproved Stage II requirements 

applicable to new and existing gasoline 

dispensing facilities (GDFs). All GDFs 

will be required to decommission their 

Stage II vapor recovery systems (VRS) 

and to install, maintain, and 

periodically test Stage I enhanced vapor 

recovery systems (EVRS). Delaware’s 

SIP revision establishes a compliance 

schedule for these changes and includes 

a demonstration that removal of Stage II 

requirements is consistent with the 

Clean Air Act (CAA) and meets all 

relevant EPA guidance. 

DATES: This final rule is effective July 

11, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R03–OAR–2022–0196 at 

https://www.regulations.gov. 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. 

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) 

814–2103. Mr. Yarina can also be 

reached via electronic mail at 

Yarina.Adam@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we refer 


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