Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63437 

Dated September 19, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2013–24704 Filed 10–23–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0492; FRL–9901–82– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Infrastructure Requirements 

for the 2010 Sulfur Dioxide National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

submittal from the State of Delaware 

pursuant to the Clean Air Act (CAA). 

Whenever new or revised national 

ambient air quality standards (NAAQS) 

are promulgated, the CAA requires 

states to submit a plan for the 

implementation, maintenance, and 

enforcement of such NAAQS. The plan 

is required to address basic program 

elements, including, but not limited to, 

regulatory structure, monitoring, 

modeling, legal authority, and adequate 

resources necessary to assure attainment 

and maintenance of the standards. 

These elements are referred to as 

infrastructure requirements. Delaware 

has made a submittal addressing the 

infrastructure requirements for the 2010 

sulfur dioxide (SO2) NAAQS. This 

action proposes to approve portions of 

this submittal. 

DATES: Written comments must be 

received on or before November 25, 

2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2013–0492 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–2013–0492, 

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 Number EPA–R03–OAR– 

2013–0492. 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: On May 

29, 2013, the State of Delaware through 

the Delaware Department of Natural 

Resources and Environmental Control 

(DNREC) submitted a revision to its SIP 

to satisfy the requirements of section 

110(a)(2) of the CAA for the 2010 SO2

NAAQS. 

I. Background 

On June 22, 2010 (75 FR 35520), EPA 

promulgated a revised NAAQS for the 1- 

hour primary SO2 at a level of 75 parts 

per billion (ppb), based on a 3-year 

average of the annual 99th percentile of 

1-hour daily maximum concentrations. 

Pursuant to section 110(a)(1) of the 

CAA, states are required to submit SIPs 

meeting the applicable requirements of 

section 110(a)(2) within three years after 

promulgation of a new or revised 

NAAQS or within such shorter period 

as EPA may prescribe. Section 110(a)(2) 

requires states to address basic SIP 

elements such as requirements for 

monitoring, basic program requirements 

and legal authority that are designed to 

assure attainment and maintenance of 

the NAAQS. Section 110(a) imposes the 

obligation upon states to make a SIP 

submittal to EPA for a new or revised 

NAAQS, but the contents of that 

submittal may vary depending upon the 

facts and circumstances. In particular, 

the data and analytical tools available at 

the time the state develops and submits 

the SIP for a new or revised NAAQS 

affect the content of the submittal. The 

content of such SIP submittal may also 

vary depending upon what provisions 

the state’s existing SIP already contains. 

In the case of the 2010 SO2 NAAQS, 

states typically have met the basic 

program elements required in section 

110(a)(2) through earlier SIP submittals 

in connection with the SO2 NAAQS. 

More specifically, section 110(a)(1) 

provides the procedural and timing 

requirements for SIPs. Section 110(a)(2) 

lists specific elements that states must 

meet for ‘‘infrastructure’’ SIP 

requirements related to a newly 

established or revised NAAQS. As 

mentioned above, these requirements 

include basic SIP elements such as 

requirements for monitoring, basic 

program requirements and legal 

authority that are designed to assure 

attainment and maintenance of the 

NAAQS. 

II. Summary of State Submittal 

On May 29, 2013, Delaware provided 

a submittal to satisfy section 110(a)(2) 

requirements of the CAA, that is the 

subject of this proposed rulemaking, for 

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63438 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 

the 2010 SO2 NAAQS. This submittal 

addressed the following infrastructure 

elements: section 110(a)(2)(A), (B), (C), 

(D), (E), (F), (G), (H), (J), (K), (L), and 

(M). 

EPA has analyzed the above identified 

submittal and is proposing to make a 

determination that such submittal meets 

the requirements of section 110(a)(2)(A), 

(B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), 

(J), (K), (L), and (M) of the CAA, with 

the exception of the part D, Title I 

nonattainment planning requirements of 

section 110(a)(2)(I) and the portion of 

the submittal relating to section 

110(a)(2)(D)(i)(I) on which EPA will take 

separate action. A detailed summary of 

EPA’s review and rationale for 

approving Delaware’s submittal may be 

found in the Technical Support 

Document (TSD) for this action which is 

available on line at 

www.regulations.gov, Docket ID Number 

EPA–R03–OAR–2013–0492. 

This proposed rulemaking action does 

not include section 110(a)(2)(I) which 

pertains to the nonattainment planning 

requirements of part D, Title I of the 

CAA, because this element is not 

required to be submitted by the 3-year 

submission deadline of section 110(a)(1) 

of the CAA, and will be addressed in a 

separate process. This proposed 

rulemaking action also does not address 

section 110(a)(2)(D)(i)(I) of the CAA. In 

accordance with the decision of the U.S. 

Court of Appeals for the District of 

Columbia (D.C. Circuit Court), EPA at 

this time is not treating the 

110(a)(2)(D)(i)(I) SIP submission from 

Delaware as a required SIP submission. 

See EME Homer City Generation, L.P. v. 

EPA, 696 F .3d 7 (D.C. Cir. 2012), cert. 

granted, 2013 U.S. Lexis 4801 (2013). 

On June 24, 2013, the Supreme Court 

granted the petitions of the United 

States and others and agreed to review 

this D.C. Circuit Court decision. 

However, at this time the D.C. Circuit 

Court decision remains in place and 

unless it is reversed or otherwise 

modified by the Supreme Court, states 

are not required to submit 

110(a)(2)(D)(i)(I) SIPs until EPA has 

quantified their obligations under that 

section. EPA will address the portion of 

Delaware’s May 29, 2013 SIP submittal 

addressing section 110(a)(2)(D)(i)(I) in a 

separate action. 

III. Proposed Action 

EPA is proposing to approve 

Delaware’s submittal that provides the 

basic program elements specified in 

section 110(a)(2)(A), (B), (C), (D)(i)(II), 

(D)(ii), (E), (F), (G), (H), (J), (K), (L), and 

(M), necessary to implement, maintain, 

and enforce the 2010 SO2 NAAQS, with 

the exception of the part D, Title I 

nonattainment planning requirements of 

section 110(a)(2)(I) and the portion of 

the submittal relating to section 

110(a)(2)(D)(i)(I) on which EPA will take 

separate action. 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 

merely proposes to approve 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 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 proposed rule, 

pertaining to Delaware’s section 

110(a)(2) infrastructure requirements for 

the 2010 SO2 NAAQS, 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, Sulfur oxides, 

Reporting and recordkeeping 

requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: September 24, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2013–25063 Filed 10–23–13; 8:45 am] 

BILLING CODE 6560–50–P 

NATIONAL TRANSPORTATION 

SAFETY BOARD 

49 CFR Part 821 

[Docket No. NTSB–GC–2011–0001] 

Rules of Practice in Air Safety 

Proceedings 

AGENCY: National Transportation Safety 

Board (NTSB or Board). 

ACTION: Notice of proposed rulemaking; 

reopening of comment period. 

SUMMARY: The NTSB amends the 

comment deadline for a Notice of 

Proposed Rulemaking (NPRM) 

published on September 19, 2013. The 

proposed change in the NPRM would 

require the Federal Aviation 

Administration (FAA) to provide 

releasable portions of the enforcement 

investigative report (EIR) to each 

respondent in emergency cases. 

DATES: The comment period for the 

proposed rule published September 19, 

2013, at 78 FR 57602, is reopened. 

Comments must be submitted by 

November 6, 2013. 

ADDRESSES: A copy of the NPRM, 

published in the Federal Register (FR), 

is available for inspection and copying 

in the NTSB’s public reading room, 

located at 490 L’Enfant Plaza SW., 

Washington, DC 20594–2003. 

Alternatively, a copy is available on the 

government-wide Web site on 

regulations at http://

www.regulations.gov (Docket ID Number 

NTSB–GC–2011–0001). 

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