ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [ EPA - R03 - OAR - 2010 - 0158 ]; FRL - ] Approval and Promulgation of Air Quality Implementation Plans; Delaware ; Section 110(a)(2) Infrastructure Requirements for the 1997 8 - Hour Ozone and the 1997 and 2 006

Fine Particulate Matter National Ambient Air Quality Standards AGENCY : Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve submittals from the State of Delaware pursuant to the Clean Air Act (CAA) sections 110(k)(2) and (3). T hese submittals address the infrastructure elements specified in the CAA section 110(a)(2) necessary to implement, maintain, and enforce the 1997 8 - hour ozone and fine particulate matter ( PM 2.5 ) national ambient air quality st andards (NAAQS ) , and the 2006 PM 2.5 NAAQS. This proposed action is limited to the following i nfrastructure elements which were subject to EPA’s completeness findings pursuant to CAA section 110(K)(1) for the 1997 8 - hour ozone NAAQS, dated March 27, 2008 , and the 1997 PM 2.5 NAAQS, dated Octo ber 22, 2008: 1 1 0(a)(2)(A), (B), (C), (D)(ii), (E), (F) , ( G), (H), (J), (K), (L), and (M), or portions thereof. DATES: Written comments must be received on or before [ insert date 30 day s from date of publication ]. ADDRESSES: Submit your comments, identified by Docket I D Number EPA - R03 - OAR 2010 - 0158 by

one of the following methods:2

A. www.regulations.gov . Follow the on - line instructions for submitting comments. B. E - mail: fernandez.cristina@epa.gov. C. M ail: EPA - R03 - O AR - 2010 - 0158 , Cristina Fernandez, Associate Director , Office of Air Program Planning, Mailcode 3AP 30 , U.S. Environmental Protection Agency , Region I II, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery : At the previously - listed EPA Reg ion I II 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 I D No. EPA - R03 - OAR - 2010 - 0158 . E PA'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 Conf idential Business In formation (CBI ) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBIor otherwise protected through www.regulations.gov or e - mail. The www.regulations.gov website is an A anony mous access @ sy stem, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. I f you send an e - mail comment directly to EPA without going through www.regulations.gov , your e - mail address w ill be automatically captured and included as part of the comment that is placed in the public docket and made available on the I nternet. I f you submit an electronic comment, EPA recommends that you include your name and other contact information in the b ody

of your comment and with any disk or CD - ROM you submit. I f EPA3

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 spe cial characters, any

form of encry

ption, 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., C BI or other information whose disclosure is restricted by statute. Certain other material, such as copy righted material, is not placed on the Internet and will be publicly available only

in hard copy

form. Publicly available docket materials are availabl e 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 I II, 165 0 Ar ch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Delaware Department of Natural Resources & Environmental Control, 89 Kings Highway , P.O. Box 1401, Dover, Delaware 19903 . FOR FURTHER INFORMATION CONTACT : Ellen Wentworth, (215) 814 - 2034 , or by e mail at wentworth.ellen@epa.gov . SUPPLEMENTARY INFORMATION : I. Background On July 18, 1997, EPA promulgated a revised 8 - hour ozone NAAQS (62 FR 38856 ) and a new PM 2.5 NAAQS (62 FR 38652). The revised ozone NAAQS is based on 8 - hour average concentrations. The 8 - hour averaging period replaced the previous 1 - hour averaging period, and4

the level of the NAAQS was changed from 0.12 parts per million (ppm) to 0.08 ppm. The new PM 2.5 NAAQS established a health - based PM 2.5 standard of 15.0 microgr ams per cubic meter (μg/m 3) based on a 3 - ye ar average of annual mean PM 2.5 concentrations, and a 24 - hour standard of 65μg/m 3 based on a 3 - ye ar average of the 98 th percentile of 24 - hour concentrations. EPA strengthened the 24 - hour PM 2.5 NAAQS from 65μg/m 3 to 35μg/m 3 on Octobe r 17, 2006 (71 F R 61144). Section 110(a) of the CAA requires States to submit S tate Implementation Plans (S IP s ) that provide for the implementation, maintenance, and enforcement of new or revised NAAQS within three y ears following the promulgation of suc h NAAQ S . InMarch of 2004, Earth j ustice initiated a lawsuit against EPA for failure to take action against States that had not made SI P submissions to meet the requirements of sections 110(a)(1) and (2) for the 1997 8 - hour ozone and PM 2.5 NAAQS, i.e., fai lure to make a “finding of failure to submit the required SI P 110(a) SI P elements.” On March 10, 2005, EPA entered into a Consent Decree with Earth j ustice that obligated EPA to make official findings in accordance wi th section 110(k)(1) of the CAA as to w hether States have made required complete SI P submissions , pursuant to sections 110(a)(1) and (2) , by December 15, 2007 for the 1997 8 - hour ozone NAAQS, and by October 5, 2008 for the 1997 PM 2.5 NAAQS. EPA made such findings for the 1997 8 - hour ozone NAAQ S on March 27, 2008 (73 FR 1620 5 ) and on October 22, 2008, (73 FR 62902) for the 1997 PM 2.5 NAAQS. These completeness findings did not include findings relating to: 1 ) section 110(a)(2)(C) to the extent that such subsection refers to a permit program as required by part D Title I of the CAA; 2) section 110(a)(2) ( I); and 3 ) section 110(a)(2)(D)(i), which has been addressed by a separate5

finding issued by

EPA on April 25, 2005 (70 FR 21147). Therefore this action does not cover these specific elements.

I I. Summary of State Submittal s Delaware provided multiple submittals to satisfy section 110(a)(2) requirements that are the subject of this proposed action for the 1997 8 - hour ozone NAAQS, and the 1997 and 2006 PM 2.5 NAAQS. The submittals shown in Table 1 addressed the infrastructure elements, or portions thereof, identified in section 110(a)(2) that EPA is proposing to approve. Table 1. 110(a)(2) Elements or Portions Thereof , EPA is Proposing to Approve for the 1 997 Ozone and PM 2.5 and the 2006 PM 2.5 NAAQS Submittal Date 1997 8 - Hour Ozone 1997 PM 2.5 2006 PM 2.5 December 13, 2007 A, B, C, D(ii), E, F,

G, H, J, K, L , M A, B, C, D(ii), E, F,

G, H, J, K, L , M March 12, 2008 C and J September 19, 2008 G September 16, 2009 A, B, C, D(ii), E, F,

G, H, J, K, L , M A, B, C, D(ii), E, F,

G, H, J, K, L . M A, B, C, D(ii), E, F,

G, H, J, K, L , M March 10, 2010 G G EPA has analy

zed the above identified submissions and is proposing to make a determination that such submittals meet the requirements of sec tion 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof. A detailed summary of EPA’s review and rationale for approving Delaware’s submittals may be found in the Technical Support Document (TSD) for this actio n, which is available on line at www.regulations.gov , Docket number EPA R03 - OAR - 2010 - 0158.6

III. Proposed Action EPA is proposing to approve Delaware’s submittals that pro vide the basic program elements specified in the CAA sections 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) , or portions thereof, necessary to implement, maintain, and enforce the 1997 8 - hour ozone and PM 2.5 NAAQS, and the 2006 PM 2.5 NAAQS. EPA is soliciting public c omments on the issues discussed in this document. These comments will be considered before taking final action.

IV . Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that compl ies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, i n reviewing SI P submissions, EPA’s role is to approve state choices, provided that they

meet the criteria of the Clean Air Act. 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 re view 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 hav ing a significant economic impact on a substantial number of small entities under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq .) ;7

 does not contain any

unfunded mandate or significantly or uniquely

affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public L aw 104 - 4) ;  d oes 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 Clean Air Act; 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).8

Inaddition, this proposed rule, pertaining to Delaware’s section 110(a)(2) infrastructure requirements for the 1997 8 - hour ozon e and PM 2.5 NAAQS, and the 2006 PM 2.5 NAAQS does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SI P 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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq .

_May 21, 2010 _______________ ___________ /s/

_________________ Dated: William C. Early , Acting Regional Administrator, Region I II.