[Federal Register Volume 83, Number 134 (Thursday, July 12, 2018)]
[Rules and Regulations]
[Pages 32209-32211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14838]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0152; FRL-9980-62--Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Interstate Transport Requirements for the 2012 Fine 
Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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[[Page 32210]]

SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision submitted by the State of Delaware. 
This revision pertains to the infrastructure requirement for interstate 
transport of pollution with respect to the 2012 fine particulate matter 
(PM<INF>2.5</INF>) national ambient air quality standards (NAAQS). EPA 
is approving this revision in accordance with the requirements of the 
Clean Air Act (CAA).

DATES: This final rule is effective on August 13, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2017-0152. All documents in the docket are listed on 
the http://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 
http://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Joseph Schulingkamp, (215) 814-2021, 
or by email at <a href="/cdn-cgi/l/email-protection#2556464d50494c4b424e4448550b4f4a5640554d654055440b424a53"><span class="__cf_email__" data-cfemail="0774646f726b6e69606c666a77296d687462776f4762776629606871">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Background

    On December 14, 2015, the State of Delaware, through the Department 
of Natural Resources and Environmental Control (DNREC) submitted a SIP 
revision addressing the infrastructure requirements under section 
110(a)(2) of the CAA for the 2012 PM<INF>2.5</INF> NAAQS. On September 
22, 2017, EPA approved all portions of Delaware's submittal except for 
the portion addressing section 110(a)(2)(D)(i)(I) regarding the 
interstate transport of emissions. See 82 FR 44318. As explained in the 
final rule, EPA intended to take separate action on that portion of 
Delaware's submittal and is doing so with today's proposed action. On 
May 15, 2018 (83 FR 22436), EPA published a notice of proposed 
rulemaking (NPR) for the State of Delaware. In the NPR, EPA proposed 
approval of Delaware's submittal to address the infrastructure 
requirements under section 110(a)(2)(D)(i) of the CAA for the 2012 
PM<INF>2.5</INF> NAAQS.

II. Summary of SIP Revision and EPA Analysis

    Delaware's December 14, 2015 SIP submittal asserted that the 
State's SIP presently contains adequate provisions prohibiting sources 
from emitting air pollutants in amounts which will contribute 
significantly to nonattainment or interfere with maintenance of the 
2012 PM<INF>2.5</INF> NAAQS. Delaware also asserted under Delaware 
Code, Title 7, Chapter 60, Subsection 6010(c), ``Rules and regulations; 
plans,'' that the State has the legal authority to regulate sources 
whose emission could transport to areas in nonattainment or to areas 
currently attaining the NAAQS. Delaware also describes ambient air 
quality data for New Castle, Kent, and Sussex Counties as all being 
below the NAAQS.
    EPA used the information in the 2016 PM<INF>2.5</INF> Memorandum 
\1\ and additional information to evaluate the submittal and came to 
the same conclusion as Delaware. As discussed in greater detail in the 
technical support document (TSD) for this action, EPA identified the 
potential downwind nonattainment and maintenance receptors identified 
in the 2016 PM<INF>2.5</INF> Memorandum, and then evaluated them to 
determine if Delaware's emissions could potentially contribute to 
nonattainment and maintenance problems in 2021, the attainment year for 
moderate PM<INF>2.5</INF> nonattainment areas. EPA concluded Delaware 
was not significantly contributing to nonattainment nor interfering 
with maintenance with 2012 PM<INF>2.5</INF> NAAQS by any other state. A 
detailed summary of Delaware's submittal and EPA's review and rationale 
for approval of this SIP revision as meeting CAA section 
110(a)(2)(D)(i)(I) for the 2012 PM<INF>2.5</INF> NAAQS may be found in 
the NPR and TSD for this rulemaking action, which are available online 
at www.regulations.gov, Docket number EPA-R03-OAR-2017-0152.
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    \1\ ``Information on the Interstate Transport ``Good Neighbor'' 
Provision for the 2012 Fine Particulate Matter National Ambient Air 
Quality Standards under Clean Air Act Section 110(a)(2)(D)(i)(I),'' 
Memorandum from Stephen D. Page, Director, EPA Office of Air Quality 
Planning and Standards (March 17, 2016). A copy is included in the 
docket for this rulemaking action.
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III. Public Comments

    One anonymous public comment was received during the public comment 
period, but the comment was determined to not be relevant nor specific 
to this rulemaking action. Thus no response is provided.

IV. Final Action

    EPA is approving the December 14, 2015 SIP revision addressing the 
interstate transport requirements for the 2012 PM<INF>2.5</INF> NAAQS 
to the Delaware SIP because the submittal adequately addresses section 
110(a)(2)(D)(i)(I) of the CAA.

V. 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:
    <bullet> 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);
    <bullet> is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
    <bullet> does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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

[[Page 32211]]

    <bullet> 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 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 September 10, 2018. 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, addressing Delaware's interstate transport for the 
2012 PM<INF>2.5</INF> 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, Particulate matter.

    Dated: June 19, 2018.
Cosmo Servidio,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart I--Delaware

0
2. In Sec.  52.420, the table in paragraph (e) is amended by adding a 
second entry for Section 110(a)(2) Infrastructure Requirements for the 
2012 PM<INF>2.5</INF> NAAQS after the first entry. The revised text 
reads as follows:


Sec.  52.470  Identification of plan.

* * * * *
    (e) * * *

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   Name of non-regulatory SIP     Applicable geographic        State                              Additional
            revision                       area           submittal date   EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 110(a)(2)                Statewide..............      12/14/2015  7/12/2018, [Insert  Docket 2017-0152.
 Infrastructure Requirements                                               Federal Register    This action
 for the 2012 PM2.5 NAAQS.                                                 citation].          addresses the
                                                                                               infrastructure
                                                                                               element of CAA
                                                                                               section
                                                                                               110(a)(2)(D)(i)(I
                                                                                               ).
 
                                                  * * * * * * *
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[FR Doc. 2018-14838 Filed 7-11-18; 8:45 am]
 BILLING CODE 6560-50-P


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