Federal Register / Vol. 79, No. 116 / Tuesday, June 17, 2014 / Rules and Regulations 34441 

EPA-APPROVED INDIANA REGULATIONS—Continued 

Indiana citation Subject 

Indiana 

effective 

date 

EPA Approval date Notes 

6.8–1–4 ......................... Compliance schedules ...................................... 9/9/2005 3/22/2006, 71 FR 

14383.

6.8–1–5 ......................... Control strategies .............................................. 4/20/2012 6/17/2014, [INSERT 

PAGE NUMBER 

WHERE THE DOCUMENT BEGINS].

6.8–1–6 ......................... State implementation plan revisions ................. 4/20/2012 6/17/2014, [INSERT 

PAGE NUMBER 

WHERE THE DOCUMENT BEGINS].

6.8–1–7 ......................... Scope ................................................................. 2/22/2008 4/30/2008, 73 FR 

23356.

*******

* * * * * 

[FR Doc. 2014–14119 Filed 6–16–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0245; FRL–9912–22– 

Region–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Amendments to Delaware’s 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

Delaware State Implementation Plan 

(SIP). These amendments will bring 

Delaware’s ambient air quality 

standards for sulfur dioxide (SO2), 

ozone, nitrogen dioxide (NO2), lead, and 

particulate matter (PM) up to date with 

current Federal requirements. EPA is 

approving these SIP revisions in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This rule is effective on August 

18, 2014without further notice, unless 

EPA receives adverse written comment 

by July 17, 2014. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2014–0245 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2014–0245, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2014– 

0245. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Delaware Department of 

Natural Resources and Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19903. 

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182, or by email at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 17, 2014, the State of 

Delaware submitted a formal SIP 

revision amending 7 Del. Admin. Code 

1103, ‘‘Ambient Air Quality Standards.’’ 

These amendments will bring the 

regulatory standards for SO2, ozone, 

NO2, lead, and PM up to date with 

current Federal requirements. 


tkelley on DSK3SPTVN1PROD with RULES
34442 Federal Register / Vol. 79, No. 116 / Tuesday, June 17, 2014 / Rules and Regulations 

The CAA specifies that EPA must 

reevaluate the appropriateness of each 

of the national ambient air quality 

standards (NAAQS) every five years. As 

part of the process, EPA reviewed the 

latest health-based research and 

determined that several NAAQS 

revisions were necessary to protect 

public health and welfare. 

EPA revised the 8-hour ozone primary 

and secondary standards to a level of 

0.075 parts per million (ppm) to provide 

increased protection for children and 

other at-risk populations against an 

array of ozone-related adverse health 

effects. These standards are based on the 

3-year average of the annual fourthhighest daily maximum 8-hour 

concentration. EPA promulgated these 

NAAQS for ozone on March 27, 2008 

(73 FR 16436). 

EPA revised the primary lead 

standard to 0.15 micrograms per cubic 

meter (mg/m3) to improve health 

protection for at-risk groups, especially 

children. The secondary standard was 

also revised to 0.15 mg/m3 to afford 

increased protection for the 

environment. EPA promulgated these 

primary and secondary NAAQS for lead 

on November 12, 2008 (73 FR 66964). 

EPA established the primary 1-hour 

SO2 NAAQS at a level of 75 parts per 

billion (ppb), based on the 3-year 

average of the annual 99th percentile of 

1-hour daily maximum concentrations 

on June 22, 2010 (75 FR 35520). This 

revised standard will improve public 

health protection, especially for 

children, the elderly, and people with 

asthma. EPA is retaining the current 

secondary 3-hour SO2 NAAQS of 0.5 

ppm. 

EPA established the 1-hour NO2

NAAQS at a level of 100 ppb, based on 

the 3-year average of the 98th percentile 

of the yearly distribution of 1-hour daily 

maximum concentrations, on February 

9, 2010 (75 FR 6474). EPA is retaining 

the current primary and secondary 

annual average NO2 NAAQS of 53 ppb. 

With regard to the primary (healthbased) standards for fine particulate 

matter (PM2.5), EPA revised the annual 

PM2.5 standard by lowering the level to 

12.0 mg/m3 and retaining the 24-hour 

PM2.5 standard at a level of 35 mg/m3, on 

January 15, 2013 (78 FR 3086). EPA also 

retained the existing 24-hour coarse 

particle (PM10) primary and secondary 

standards set at a level of 150 mg/m3. 

II. Summary of SIP Revision 

The SIP revision submitted by the 

Delaware Department of Natural 

Resources and Environmental Control 

(DNREC) on February 17, 2014, consists 

of amendments to 7 Del Admin. Code 

1103, which includes the revised 

ambient air quality standards for SO2, 

ozone, NO2, lead, and PM. The SIP 

revision is consistent with the current 

NAAQS. The SIP revision also includes 

amendments to the definitions of 

primary and secondary air quality 

standards. In addition, the SIP revision 

includes updated test methods and 

emission standards in order to be up to 

date with current Federal requirements. 

III. Final Action 

EPA is approving the SIP revision 

pertaining to the amendments of 

Delaware’s ambient air quality 

standards since the SIP revision is 

consistent with the NAAQS. EPA is 

publishing this rule without prior 

proposal because EPA views this as a 

noncontroversial amendment and 

anticipates no adverse comment. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, EPA 

is publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if adverse comments are 

filed. This rule will be effective on 

August 18, 2014 without further notice 

unless EPA receives adverse comment 

by July 17, 2014. If EPA receives adverse 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. EPA will address all 

public comments in a subsequent final 

rule based on the proposed rule. EPA 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. Please note that if EPA 

receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 116 / Tuesday, June 17, 2014 / Rules and Regulations 34443 

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 18, 2014. 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 today’s 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 action. 

This action, pertaining to the 

amendments of Delaware’s ambient air 

quality standards, 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, Lead, Nitrogen dioxide, 

Ozone, Particulate matter, Sulfur oxides, 

Volatile organic compounds. 

Dated: June 2, 2014. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

40 CFR part 52 is amended 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 

(c) is amended under 7 DNREC, Code 

1103 by revising entries for Sections 1.0, 

4.0, 6.0, 8.0. 10.0, and 11.0 to read as 

follows: 

§ 52.420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS AND STATUTES IN THE DELAWARE SIP 

State regulation (7 DNREC 1100) Title/Subject State effective 

date EPA Approval date Additional explanation 

*******

1103 Ambient Air Quality Standards 

Section 1.0 ................................... General Provisions ...................... 01/11/14 06/17/14 [Insert page number 

where the document begins].

Revised sections. 

* * * * * * * 

Section 4.0 ................................... Sulfur Dioxide .............................. 01/11/14 06/17/14 [Insert page number 

where the document begins].

Revised sections. 

* * * * * * * 

Section 6.0 ................................... Ozone .......................................... 01/11/14 06/17/14 [Insert page number 

where the document begins].

Revised sections. 

Section 8.0 ................................... Nitrogen Dioxide .......................... 01/11/14 06/17/14 [Insert page number 

where the document begins].

Revised sections. 

Section 10.0 ................................. Lead ............................................ 01/11/14 06/17/14 [Insert page number 

where the document begins].

Revised sections. 

Section 11.0 ................................. PM10 and PM2.5 Particulates ....... 01/11/14 06/17/14 [Insert page number 

where the document begins].

Revised sections. 

* * * * * * * 

* * * * * 

[FR Doc. 2014–14029 Filed 6–16–14; 8:45 am] 

BILLING CODE 6560–50–P 


tkelley on DSK3SPTVN1PROD with RULES