[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Proposed Rules]
[Pages 39035-39037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16796]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0492; FRL-9981-67--Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Interstate Transport Requirements for the 2010 1-Hour Sulfur 
Dioxide Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve portions of a state implementation plan (SIP) revision 
submittal from the State of Delaware. This revision addresses the 
infrastructure requirement for interstate transport of pollution with 
respect to the 2010 1-hour sulfur dioxide (SO<INF>2</INF>) national 
ambient air quality standard (NAAQS). This action is being taken under 
the Clean Air Act (CAA).

DATES: Written comments must be received on or before September 7, 
2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2013-0492 at http://www.regulations.gov, or via email to 
<a href="/cdn-cgi/l/email-protection#8ffcffe6eae3edeafde8eafda1fcfafceee1cfeaffeea1e8e0f9"><span class="__cf_email__" data-cfemail="c7b4b7aea2aba5a2b5a0a2b5e9b4b2b4a6a987a2b7a6e9a0a8b1">[email protected]</span></a>. For

[[Page 39036]]

comments submitted at Regulations.gov, follow the online instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. For either manner of submission, EPA may 
publish any comment received to its public docket. Do not submit 
electronically any information you consider to be confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. EPA will generally not consider comments or comment contents 
located outside of the primary submission (i.e., on the web, cloud, or 
other file sharing system). For additional submission methods, please 
contact the person identified in the For Further Information Contact 
section. For the full EPA public comment policy, information about CBI 
or multimedia submissions, and general guidance on making effective 
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Joseph Schulingkamp, (215) 814-2021, 
or by email at <a href="/cdn-cgi/l/email-protection#6b1808031e0702050c000a061b450104180e1b032b0e1b0a450c041d"><span class="__cf_email__" data-cfemail="30435358455c595e575b515d401e5a5f43554058705540511e575f46">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: On May 29, 2013, the State of Delaware, 
through the Delaware 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 2010 1-hour 
SO<INF>2</INF> NAAQS.

I. Background

A. General

    On June 2, 2010, the EPA promulgated a revised primary 
SO<INF>2</INF> standard, establishing a new 1-hour primary standard at 
the level of 75 parts per billion (ppb), based on the 3-year average of 
the annual 99th percentile of 1-hour daily maximum concentrations 
(hereafter ``the 2010 1-hour SO<INF>2</INF> NAAQS''). At the same time, 
the EPA also revoked the previous 24-hour and annual primary 
SO<INF>2</INF> standards. See 75 FR 35520 (June 22, 2010). See 40 CFR 
50.11. The previous SO<INF>2</INF> air quality standards were set in 
1971, including a 24-hour average primary standard at 140 ppb and an 
annual average primary standard at 30 ppb. See 36 FR 8186 (April 30, 
1971).
    Current scientific evidence links short-term exposures to 
SO<INF>2</INF>, ranging from five minutes to 24 hours, with an array of 
adverse respiratory effects including bronchoconstriction and increased 
asthma symptoms. These effects are particularly important for 
asthmatics at elevated ventilation rates (e.g., while exercising or 
playing). Studies also show a connection between short-term exposure 
and increased visits to emergency departments and hospital admissions 
for respiratory illnesses, particularly in at-risk populations 
including children, the elderly, and asthmatics.

B. EPA's Infrastructure Requirements

    Pursuant to section 110(a)(1) of the CAA, states are required to 
submit a SIP revision to address 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 to assure 
attainment and maintenance of the NAAQS--such as requirements for 
monitoring, basic program requirements, and legal authority. Section 
110(a) imposes the obligation upon states to make a SIP submission to 
EPA for a new or revised NAAQS, but the contents of that submission may 
vary depending upon the facts and circumstances of each NAAQS and what 
is in each state's existing SIP. In particular, the data and analytical 
tools available at the time the state develops and submits the SIP 
revision for a new or revised NAAQS affect the content of the 
submission. The content of such SIP submission may also vary depending 
upon what provisions the state's existing SIP already contains.
    Specifically, section 110(a)(1) provides the procedural and timing 
requirements for SIP submissions. Section 110(a)(2) lists specific 
elements that states must meet for infrastructure SIP requirements 
related to a newly established or revised NAAQS such as requirements 
for monitoring, basic program requirements, and legal authority that 
are designed to assure attainment and maintenance of the NAAQS.

C. Interstate Pollution Transport Requirements

    Section 110(a)(2)(D)(i)(I) of the CAA requires a state's SIP to 
include adequate provisions prohibiting any emissions activity in one 
state that contributes significantly to nonattainment, or interferes 
with maintenance, of the NAAQS in any downwind state. The EPA sometimes 
refers to these requirements as prong 1 (significant contribution to 
nonattainment) and prong 2 (interference with maintenance), or jointly 
as the ``good neighbor'' provision of the CAA. Further information can 
be found in the Technical Support Document (TSD) for this rulemaking 
action, which is available online at www.regulations.gov, Docket number 
EPA-R03-OAR-2013-0492.

II. Summary of SIP Revision and EPA Analysis

    On May 29, 2013, Delaware submitted, through DNREC, a revision to 
its SIP to satisfy the infrastructure requirements of section 110(a)(2) 
of the CAA for the 2010 1-hour SO<INF>2</INF> NAAQS, including the 
interstate transport requirements of section 110(a)(2)(D)(i)(I). On 
January 22, 2014 (79 FR 3506), the EPA approved Delaware's 
infrastructure SIP submittal for the 2010 1-hour SO<INF>2</INF> NAAQS 
for all applicable elements of section 110(a)(2) with the exception of 
110(a)(2)(D)(i)(I). This proposed rulemaking action is addressing the 
portions of Delaware's infrastructure submittal for the 2010 1-hour 
SO<INF>2</INF> NAAQS that pertain to transport 
requirements.<SUP>1 2</SUP>
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    \1\ For the EPA's explanation of its ability to act on discrete 
elements of section 110(a)(2), see 80 FR 2865 (Approval and 
Promulgation of Air Quality Implementation Plans; District of 
Columbia; Infrastructure Requirements for the 2008 Ozone, 2010 
Nitrogen Dioxide, and 2010 Sulfur Dioxide National Ambient Air 
Quality Standards; Approval of Air Pollution Emergency Episode Plan 
(January 21, 2015)).
    \2\ This proposed approval action is based on the information 
contained in the administrative record for this action, and does not 
prejudge any other future EPA action that may make other 
determinations regarding any of the subject state's air quality 
status. Any such future actions, such as area designations under any 
NAAQS, will be based on their own administrative records and the 
EPA's analyses of information that becomes available at those times. 
Future available information may include, and is not limited to, 
monitoring data and modeling analyses conducted pursuant to the 
EPA's SO<INF>2</INF> Data Requirements Rule (80 FR 51052, August 21, 
2015) and information submitted to the EPA by states, air agencies, 
and third-party stakeholders such as citizen groups and industry 
representatives.
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    The portions of Delaware's May 29, 2013 SIP submittal addressing 
interstate transport (for section 110(a)(2)(D)(i)(I)) discuss how 
Delaware does not significantly contribute with respect to the 2010 1-
hour SO<INF>2</INF> NAAQS to nonattainment in, or interfere with 
maintenance in, any other state and discusses prevailing wind direction 
in the region. Additionally, Delaware described in its submittal 
several existing SIP-approved measures and other federally enforceable 
source-specific measures, pursuant to permitting requirements under the 
CAA, that apply to SO<INF>2</INF> sources within the state.
    Based on EPA's analysis, EPA agrees with Delaware's general 
conclusion that

[[Page 39037]]

the existing Delaware SIP is adequate to prevent sources in Delaware 
from significantly contributing to nonattainment or interfering with 
maintenance in another state with respect to the 2010 1-hour 
SO<INF>2</INF> NAAQS. A detailed summary of EPA's review and rationale 
for proposed approval of this SIP revision as meeting CAA section 
110(a)(2)(D)(i)(I) for the 2010 1-hour SO<INF>2</INF> NAAQS may be 
found in the TSD.

III. Proposed Action

    EPA is proposing to approve the portions of Delaware's May 29, 2013 
SIP revision addressing interstate transport for the 2010 1-hr 
SO<INF>2</INF> NAAQS as these portions meet the requirements in section 
110(a)(2)(D)(i)(I) of the CAA. 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 approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this proposed 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
    <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 proposed rule, addressing Delaware's interstate 
transport requirements for the 2010 1-hour SO<INF>2</INF> 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, Incorporation by 
reference, Reporting and recordkeeping requirements, Sulfur oxides.


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

    Dated: July 12, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018-16796 Filed 8-7-18; 8:45 am]
 BILLING CODE 6560-50-P


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