3506 Federal Register / Vol. 79, No. 14 / Wednesday, January 22, 2014 / Rules and Regulations 

[FR Doc. 2014–01069 Filed 1–21–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0492; FRL–9905–63– 

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: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by 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. The State of 

Delaware has made a submittal 

addressing the infrastructure 

requirements for the 2010 sulfur dioxide 

(SO2) NAAQS. 

DATES: This final rule is effective on 

February 21, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2013–0492. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., 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 either electronically through 

www.regulations.gov or in hard copy for 

public inspection 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. Summary of SIP Revision 

On October 24, 2013 (78 FR 63437), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Delaware proposing approval of 

Delaware’s May 29, 2013 SIP submittal 

to satisfy several requirements of section 

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

NAAQS. In the NPR, EPA proposed 

approval of the following infrastructure 

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

(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), 

(L), and (M). The NPR does not include 

section 110(a)(2)(I), which pertains to 

the nonattainment planning 

requirements of part D, Title I of the 

CAA, since this element is not required 

to be submitted by the 3-year 

submission deadline of section 

110(a)(1), and will be addressed in a 

separate process. The NPR also did not 

address section 110(a)(2)(D)(i)(I) of the 

CAA. In accordance with the EME 

Homer City decision from the United 

States Court of Appeals for the District 

of Columbia Circuit, 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, LP 

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

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

Unless the EME Homer City decision is 

reversed or otherwise modified by the 

Supreme Court, states such as Delaware 

are not required to submit section 

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

quantified their obligations under that 

section. Therefore, 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. 

The rationale supporting EPA’s 

proposed action, including the scope of 

infrastructure SIPs in general, is 

explained in the NPR and the technical 

support document (TSD) accompanying 

the NPR and will not be restated here. 

The TSD is available online at 

www.regulations.gov, Docket ID 

Number EPA–R03–OAR–2013–0492. 

II. Final Action 

EPA is approving as a revision to the 

Delaware SIP, Delaware’s submittal 

which provides the basic program 

elements specified in sections 

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

(E), (F), (G), (H), (J), (K), (L), and (M) of 

the CAA, necessary to implement, 

maintain, and enforce the 2010 SO2

NAAQS. This rulemaking action does 

not include approval of Delaware’s 

submittal for sections 110(a)(2)(I) and 

110(a)(2)(D)(i)(I), which EPA will 

address in separate actions. 

III. 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). 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 14 / Wednesday, January 22, 2014 / Rules and Regulations 3507 

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 

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 March 24, 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. This action 

pertaining to Delaware’s section 

110(a)(2) infrastructure elements for the 

2010 SO2 NAAQS 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, Sulfur dioxide, Reporting and 

recordkeeping requirements. 

Dated: December 23, 2013. 

W.C. Early, 

Acting 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 

(e) is amended by adding an entry for 

Section 110(a)(2) Infrastructure 

Requirements for the 2010 SO2 NAAQS 

at the end of the table to read as follows: 

§ 52.420 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP 

revision 

Applicable 

geographic 

area 

State 

submittal 

date 

EPA approval date Additional explanation 

*******

Section 110(a)(2) Infrastructure 

Requirements for the 2010 SO2

NAAQS.

Statewide ....... 5/29/13 1/22/14 [Insert Federal Register 

page number where the document begins and date].

This rulemaking action addresses 

the following CAA elements: 

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

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

(L), and (M). 

[FR Doc. 2014–01066 Filed 1–21–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

Approval and Promulgation of State 

Implementation Plans: Oregon 

CFR Correction 

■ In Title 40 of the Code of Federal 

Regulations, Part 52 (§§ 52.1019 to 

52.2019), revised as of July 1, 2013, on 

page 765, in § 52.1970, paragraphs 

(c)(139)(ii)(C) introductory text, (1) and 

(2) are moved to (c)(139)(i)(C) 

introductory text, (1) and (2). 

[FR Doc. 2014–01283 Filed 1–21–14; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 98 

[EPA–HQ–OAR–2011–0028; FRL–9905–71– 

OAR] 

RIN 2060–AR52 

2013 Revisions to the Greenhouse Gas 

Reporting Rule and Final 

Confidentiality Determinations for New 

or Substantially Revised Data 

Elements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction. 

SUMMARY: The Environmental Protection 

Agency (EPA) published a final rule in 

the Federal Register on November 29, 

2013. The final rule amended the 

Greenhouse Gas Reporting Rule to 

implement technical corrections, 

clarifying revisions, and other 

amendments to improve the quality and 

consistency of the data collected by the 

EPA, including amendments to the 

Reporting Rule’s table of global warming 

potentials to revise the values for certain 

greenhouse gases. An error in the 

regulatory text is identified and 

corrected in this action. 

DATES: This final rule is effective on 

January 22, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Carole Cook, Climate Change Division, 

Office of Atmospheric Programs (MC– 

6207J), Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone 

number: (202) 343–9263; fax number: 

(202) 343–2342; email address: 

GHGReportingRule@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA 

published a final rule document on 

November 29, 2013 (78 FR 71904) that 

amended the Greenhouse Gas Reporting 

Rule to implement technical 

corrections, clarifying revisions, and 

other amendments. One of the 

instruction headings was printed 

incorrectly in the Federal Register. 


pmangrum on DSK3VPTVN1PROD with RULES