Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Proposed Rules 30015 

Management and Budget (OMB). 

Section 3(f) of Executive Order 12866 

defines a ‘‘significant regulatory action’’ 

as an action likely to result in a rule that 

may— 

(1) Have an annual effect on the 

economy of $100 million or more, or 

adversely affect a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities in a material way (also 

referred to as an ‘‘economically 

significant’’ rule); 

(2) Create serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impacts of entitlement grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

stated in the Executive order. 

This proposed regulatory action is not 

a significant regulatory action subject to 

review by OMB under section 3(f) of 

Executive Order 12866. 

We have also reviewed this proposed 

regulatory action under Executive Order 

13563, which supplements and 

explicitly reaffirms the principles, 

structures, and definitions governing 

regulatory review established in 

Executive Order 12866. To the extent 

permitted by law, Executive Order 

13563 requires that an agency— 

(1) Propose or adopt regulations only 

on a reasoned determination that their 

benefits justify their costs (recognizing 

that some benefits and costs are difficult 

to quantify); 

(2) Tailor its regulations to impose the 

least burden on society, consistent with 

obtaining regulatory objectives and 

taking into account—among other things 

and to the extent practicable—the costs 

of cumulative regulations; 

(3) In choosing among alternative 

regulatory approaches, select those 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety, 

and other advantages; distributive 

impacts; and equity); 

(4) To the extent feasible, specify 

performance objectives, rather than the 

behavior or manner of compliance a 

regulated entity must adopt; and 

(5) Identify and assess available 

alternatives to direct regulation, 

including economic incentives—such as 

user fees or marketable permits—to 

encourage the desired behavior, or 

provide information that enables the 

public to make choices. 

Executive Order 13563 also requires 

an agency ‘‘to use the best available 

techniques to quantify anticipated 

present and future benefits and costs as 

accurately as possible.’’ The Office of 

Information and Regulatory Affairs of 

OMB has emphasized that these 

techniques may include ‘‘identifying 

changing future compliance costs that 

might result from technological 

innovation or anticipated behavioral 

changes.’’ 

We are issuing this proposed priority 

only on a reasoned determination that 

its benefits would justify its costs. In 

choosing among alternative regulatory 

approaches, we selected those 

approaches that would maximize net 

benefits. Based on the analysis that 

follows, the Department believes that 

this regulatory action is consistent with 

the principles in Executive Order 13563. 

We also have determined that this 

regulatory action would not unduly 

interfere with State, local, and tribal 

governments in the exercise of their 

governmental functions. 

In accordance with both Executive 

orders, the Department has assessed the 

potential costs and benefits, both 

quantitative and qualitative, of this 

regulatory action. The potential costs 

are those resulting from statutory 

requirements and those we have 

determined as necessary for 

administering the Department’s 

programs and activities. 

We propose to fund through this 

priority TA to State VR agencies to 

improve the quality of VR services and 

ultimately the number and quality of 

their employment outcomes. This 

proposed priority would promote the 

efficient and effective use of Federal 

funds. 

Intergovernmental Review: This 

program is subject to Executive Order 

12372 and the regulations in 34 CFR 

part 79. One of the objectives of the 

Executive order is to foster an 

intergovernmental partnership and a 

strengthened federalism. The Executive 

order relies on processes developed by 

State and local governments for 

coordination and review of proposed 

Federal financial assistance. 

This document provides early 

notification of our specific plans and 

actions for this program. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) on 

request to the program contact person 

listed under FOR FURTHER INFORMATION

CONTACT. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site you 

can view this document, as well as all 

other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: May 18, 2015. 

Sue Swenson, 

Acting Assistant Secretary for Special 

Education and Rehabilitative Services. 

[FR Doc. 2015–12510 Filed 5–22–15; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0816; FRL–9928–23– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Nonattainment New Source 

Review; Emission Offset Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to 

disapprove a State Implementation Plan 

(SIP) revision submitted by the 

Delaware Department of Natural 

Resources and Environmental Control 

(DNREC) for the State of Delaware on 

October 15, 2013. EPA is proposing this 

action because the submittal does not 

satisfy the requirements of Clean Air 

Act (CAA) or the Federal implementing 

regulations, which establish the criteria 

under which the owner or operator of a 

new or modified major stationary source 

must obtain the required emission 

offsets ‘‘from the same source or other 

sources in the same nonattainment 

area’’ with limited exceptions, for 

Delaware’s nonattainment New Source 

Review (NSR) preconstruction 

permitting program. In addition, EPA is 

proposing disapproval of the SIP 

revision because Delaware exercises 

authorities that are reserved for EPA 

under section 107 of the CAA. This 

action is being taken under the CAA. 


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1A nonattainment area is the air quality control 

region designated by EPA under CAA section 107 

as not attaining a particular National Ambient Air 

Quality Standard (NAAQS) for any of the six 

criteria air pollutants. 

2See CAA section 171(3), 42 U.S.C. 7501(3) 

(defining LAER). 

DATES: Written comments must be 

received on or before June 25, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2013–0816 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: campbell.dave@epa.gov. 

C. Mail: EPA–R03–OAR–2013–0816, 

David Campbell, Associate Director, 

Office of Permits and Air Toxics, 

3AP10, 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 No. EPA–R03–OAR–2013– 

0816. 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: 

Amy Johansen, (215)814–2156, or by 

email at johansen.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. CAA Sections 172(c)(5) and 173(c)(1) 

Under section 172(c)(5) of the CAA, a 

SIP is required to include provisions 

which require permits for the 

construction and operation of new or 

modified major stationary sources 

anywhere in a nonattainment area in 

accordance with the requirements of 

section 173 of the CAA.1 Section 173, in 

turn, sets forth a series of requirements 

for the issuance of permits for the 

owners or operators of new or modified 

major stationary sources within 

nonattainment areas. Specifically, 

section 173 provides inter alia that 

construction and operating permits may 

only be issued if: (a) Sufficient offsetting 

emission reductions have been obtained 

to reduce total emissions from existing 

sources and the proposed source to the 

point where reasonable further progress 

towards meeting the ambient air 

standards is maintained; and (b) the 

proposed source is required to comply 

with the lowest achievable emission rate 

(LAER).2

Relevant to Delaware’s SIP revision, 

CAA section 173(c) spells out the offset 

requirements for the owners and 

operators of new or modified major 

stationary sources. Specifically, section 

173(c)(1) requires ‘‘the owner or 

operator of a new or modified major 

source may comply with any offset 

requirement in effect under this part for 

increased emissions of any air pollutant 

only by obtaining emission reductions 

of such air pollutant from the same 

source or other sources in the same 

nonattainment area, except that the 

State may allow the owner or operator 

of a source to obtain such emission 

reductions in another nonattainment 

area if (A) the other area has an equal 

or higher nonattainment classification 

than the area in which the source is 

located and (B) emissions from such 

other area contribute to a violation of 

the national ambient air quality 

standard in the nonattainment area in 

which the source is located’’ (emphasis 

added). 

B. 40 CFR 51.165 and Appendix S to 

Part 51, the Emission Offsets 

Interpretive Ruling 

40 CFR 51.165 contains the SIP 

requirements for nonattainment NSR 

permit programs. Pursuant to 40 CFR 

51.165(a)(3)(ii)(F), SIPs must contain 

provisions relating to the permissible 

location of offsetting emissions which 

are at least as stringent as those set out 

in appendix S, section IV.D. Appendix 

S sets forth EPA’s interpretive ruling for 

preconstruction review requirements for 

stationary sources of air pollution under 

40 CFR subpart I and section 129 of the 

CAA Amendments of 1977. Appendix S 

specifies that, ‘‘a major new source or 

major modification which would locate 

in any area designated under section 

107(d) of the Act as attainment or 

unclassifiable for ozone that is located 

in an ozone transport region or which 

would locate in an area designated in 40 

CFR part 81, subpart C, as 

nonattainment for a pollutant for which 

the source or modification would be 

major may be allowed to construct only 

if the stringent conditions . . . are met.’’ 

The goal of this section is to ensure 

there is progress towards achievement 

of the National Ambient Air Quality 

Standard (NAAQS). Section IV.D of 

appendix S, ‘‘Location of Offsetting 

Emissions,’’ proscribes the acceptable 

areas from which a new or modified 

source can obtain the required 

emissions offsets. The offsets must come 

from the same source or other sources 

in the same nonattainment area. 

However, the section provides that 

reviewing authorities may allow sources 

to obtain offsets from other 

nonattainment areas provided that two 

conditions are met: The nonattainment 

area from which the offsets are obtained 

must be of equal or higher 

nonattainment classification, and 

emissions from the area in which the 

offsets are obtained must contribute to 

a violation of the NAAQS in the area in 

which the source is located. These 

requirements are identical to the 

requirements in CAA section 173(c). 


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3 DNREC’s revised 7 DE Admin. Code 1125, 

section 2.5.5 and 2.5.6 became effective September 

11, 2013. 

4 7 DE Admin. Code 1125, section 2.5.5, as 

revised September 11, 2013, provides that Delaware 

may consider certain states as having the same 

nonattainment classifications as the area of 

Delaware where offsets are to be used including 

Connecticut, Delaware, Illinois, Indiana, Kentucky, 

Maryland, Michigan, Missouri, New Jersey, New 

York, North Carolina, Ohio, Pennsylvania, 

Tennessee, Virginia, West Virginia and Wisconsin. 

EPA notes that several of these states have no areas 

classified by EPA under CAA section 107 as 

nonattainment for the ozone NAAQS. In addition, 

several of the specified states are not part of the 

OTR established pursuant to CAA section 184 

which would treat areas within those states as 

Moderate nonattainment of an ozone NAAQS. 

5 Delaware’s October 15, 2013 SIP revision claims 

contribution from these specified states to ozone 

nonattainment or interference with maintenance of 

ozone NAAQS in Delaware is supported by EPA 

modeling conducted for the Cross State Air 

Pollution Rule (CSAPR) (76 FR 48208 (August 8, 

2011)). However, EPA notes that the EPA CSAPR 

modeling was conducted to determine contribution 

to nonattainment or interference with maintenance 

for the 1997 ozone NAAQS and the 1997 and 2006 

fine particulate matter (PM2.5) NAAQS. Delaware’s 

SIP revision did not include any information 

supporting ‘‘contribution to violation’’ for the 2008 

ozone NAAQS to meet requirements in section 

173(c)(1) that emission offsets come from an area 

which contributes to violation of the NAAQS where 

the source seeking a permit is located. 

Delaware’s SIP revision submittal, 7 

DE Admin Code 1125 sections 2.5.5 and 

2.5.6, which were revised by Delaware 

effective September 11, 2013, does not 

meet the requirements in CAA section 

173(c), 40 CFR 51.165(a)(3)(ii)(F) and 

appendix S, section IV.D.1, because the 

identified sections allow emissions 

offsets to be used from areas not 

designated by EPA pursuant to CAA 

section 107 as an area of equal or higher 

nonattainment classification for any 

ozone NAAQS and do not address 

contribution requirements in the CAA 

and its implementing regulations. 

C. CAA Section 107 

Under CAA section 107(c), the 

Administrator of the EPA is given the 

authority to designate as an air quality 

control region any interstate area or 

major intrastate area which she deems 

appropriate for the attainment and 

maintenance of ambient air quality 

standards. CAA section 107(d) provides 

the process for the Administrator of 

EPA, with recommendations from 

Governors, to designate areas or 

portions of areas within states as 

nonattainment, attainment, or 

unclassifiable upon promulgation or 

revision of a NAAQS. 

Pursuant to section 107 of the CAA, 

New Castle and Sussex Counties, 

Delaware were designated by EPA for 

the 2008 8-hour ozone NAAQS as 

‘‘marginal’’ nonattainment under 40 

CFR part 81, while Kent County was 

designated as ‘‘unclassifiable/

attainment.’’ See 77 FR 30088 (May 21, 

2012). New Castle County is a portion 

of the Philadelphia-Wilmington-Atlantic 

City marginal nonattainment area 

(Philadelphia Area) for the 2008 8-Hour 

ozone NAAQS. 

Upon designation, a nonattainment 

area for ozone is required to meet the 

plan submission requirements under 

section 182 of the CAA (in subpart 2 of 

Part D of Title I of the CAA) for each 

nonattainment area classification 

(marginal, moderate, serious, severe, 

and extreme) as well as the general SIP 

planning requirements in sections 172 

and 173 of subpart 1 of Part D of Title 

I. The State of Delaware is unique 

because it is part of the Ozone Transport 

Region (OTR), as established in CAA 

section 184(a). Therefore, at a minimum, 

the entire State of Delaware is required 

to meet the plan submission 

requirements for a moderate 

nonattainment area classification as 

specified in CAA sections 182(b) and 

184(b). Moderate area classification plan 

requirements include the emissions 

offset provisions within section 173 of 

the CAA and within its implementing 

regulations. 

D. Delaware’s Approved 7 DE Admin. 

Code 1125—Requirements for 

Preconstruction Review 

For purposes of satisfying CAA 

sections 172 and 173, Delaware 

presently has a fully-approved 

nonattainment NSR preconstruction 

permitting program. See 77 FR 60053 

(October 2, 2012). Typically, 

disapproval of a Part D NSR SIP revision 

would trigger sanctions under section 

179 of the CAA and a requirement for 

EPA to impose a Federal 

Implementation Plan (FIP) in lieu of an 

approved SIP pursuant to section 110(c) 

of the CAA. However, in this case, 

Delaware’s existing nonattainment NSR 

SIP is fully approved as meeting CAA 

requirements and there are no SIP 

deficiencies. Therefore, sanctions under 

CAA section 179 and FIP provisions 

under CAA section 110(c) are not 

triggered by the disapproval of this SIP 

revision. Delaware remains obligated to 

implement its Federally-approved 

nonattainment NSR preconstruction 

permitting program in accordance with 

CAA section 173. 

II. Summary of SIP Revision and EPA 

Analysis 

On October 15, 2013, DNREC 

submitted a proposed revision to 

Delaware’s SIP to EPA for approval. The 

proposed revision is to 7 DE Admin. 

Code 1125, Requirements for 

Preconstruction Review, sections 2.5.5 

and 2.5.6, Emission Offset Provisions.3

EPA has reviewed Delaware’s proposed 

SIP revision and determined that it does 

not comply with the requirements of 

CAA sections 172(c)(5) and 173(c)(1) or 

the Federal implementing regulations in 

40 CFR 51.165 and part 51, appendix S, 

section IV.D for several reasons. In 

addition, in the proposed revisions to 7 

DE Admin. Code 1125, sections 2.5.5 

and 2.5.6, Delaware exercises 

authorities that are reserved solely for 

EPA in CAA section 107 by treating 

certain areas as ozone nonattainment 

areas regardless of EPA’s classification 

of those states for attainment of the 

ozone NAAQS, and therefore EPA 

proposes to disapprove this SIP revision 

submittal as not in accordance with the 

CAA. 

First, the revised regulation enables 

sources in Delaware seeking NSR 

permits to obtain emission offsets from 

sources located in other areas, including 

areas outside of the State of Delaware, 

irrespective of the area’s nonattainment 

status as compared to Delaware’s 

nonattainment status for the same 

NAAQS.4 CAA section 173 and its 

implementing regulations clearly 

require emission offsets for NSR permits 

to come from the same area where a 

source is located or from an area with 

the same or higher nonattainment 

classification as the area where a source 

is locating or located. 

Second, the revised regulation also 

permits sources seeking NSR permits in 

Delaware to obtain emissions offsets 

from areas without a determination that 

the other areas ‘‘contribute to violation’’ 

of the NAAQS in Delaware where a 

source seeking a NSR permit would be 

located as required in CAA section 173 

and its implementing regulations. The 

language in section 2.5.6 in 7 DE 

Admin. Code 1125 provides that sources 

can obtain emission offsets ‘‘in the 

nonattainment area which the source is 

located which shall specifically include 

any area in the States of Connecticut, 

Delaware, Illinois, Indiana, Kentucky, 

Maryland, Michigan, Missouri, New 

Jersey, New York, North Carolina, Ohio, 

Pennsylvania, Tennessee, Virginia, West 

Virginia and Wisconsin.’’ 5

Finally, the revised regulation 

language allows Delaware to exercise 

authorities that are reserved solely for 

EPA in CAA section 107 by allowing 

‘‘the Department’’ to determine the areas 

in which owners or operators can 

acquire emission offsets, regardless of 

the attainment status of the area. 

Specifically, Delaware is proposing 

language for the SIP that ‘‘the 

Department may consider any area in 

the following states as having the same 

nonattainment classification as the area 


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of Delaware where the offsets are used: 

Connecticut, Delaware, Illinois, Indiana, 

Kentucky, Maryland, Michigan, 

Missouri, New Jersey, New York, North 

Carolina, Ohio, Pennsylvania, 

Tennessee, Virginia, West Virginia and 

Wisconsin.’’ See 7 DE Admin. Code 

1125 section 2.5.5. As discussed in the 

Background Section of this proposal, 

under CAA section 107(c), only the 

Administrator of the EPA is given the 

authority to designate as an air quality 

control region any interstate area or 

major intrastate area which she deems 

appropriate for the attainment and 

maintenance of ambient air quality 

standards. The State of Delaware has no 

such authority under the CAA to 

designate areas for nonattainment with 

the NAAQS to meet requirements in 

CAA section 173(c)(1) that emission 

offsets must be from areas in the same 

or higher attainment classification for a 

NAAQS. Therefore, Delaware’s 

regulation does not meet the 

requirements in CAA 173(c)(1) or its 

implementing regulations in 40 CFR 

51.165 and in appendix S as Delaware 

lacks authority to designate areas 

‘‘nonattainment’’ for emission offset 

requirements. 

Thus, because Delaware’s revised 

regulation 7 DE Admin. Code 1125, 

sections 2.5.5 and 2.5.6 does not comply 

with requirements in CAA section 

172(c)(5) and 173(c)(1) and the 

implementing regulations in 40 CFR 

51.165 and appendix S, EPA finds the 

revision does not meet CAA 

requirements in the statute or in its 

implementing regulations. In addition, 

Delaware’s revision to 7 DE Admin. 

Code 1125, section 2.5.5 inappropriately 

allows Delaware to treat areas as 

nonattainment for emission offset 

requirements when only EPA possesses 

such authority under the CAA to 

designate areas nonattainment, and thus 

EPA additionally finds the revision does 

not meet requirements in the CAA. 

Therefore, EPA proposes to disapprove 

the October 15, 2013 SIP revision. 

III. Proposed Action 

Pursuant to CAA section 110(k)(3), 

EPA is proposing to disapprove 

Delaware’s October 15, 2013 SIP 

revision related to nonattainment NSR 

preconstruction permit program 

requirements for emission offsets. 

Specifically, Delaware’s October 15, 

2013 proposed SIP revision seeks to 

expand the geographical area in which 

owners and operators of new or 

modified major stationary sources may 

obtain emissions offsets, regardless of 

the area’s attainment classification for 

the ozone NAAQS and without specific 

requirements that the area ‘‘contribute 

to violation’’ of the ozone NAAQS in the 

area in which a new or modified source 

is locating or located. EPA proposes to 

disapprove this SIP revision for two 

reasons: (1) Delaware’s proposed 

emissions offset provision language 

does not comport with the specific 

requirements under CAA sections 

172(c)(5) and 173(c)(1) or the Federal 

implementing regulations in 40 CFR 

51.165 and appendix S; and (2) 

Delaware lacks legal authority to 

designate an area as nonattainment 

under CAA section 107(c) and (d). 

Under CAA section 179(a)(2), final 

disapproval pursuant to CAA section 

110(k) of a submission that addresses a 

requirement of a Part D Plan (CAA 

sections 171–193), starts a sanction 

clock. While Delaware’s SIP revision 

addresses the Part D Plan requirement 

for a NSR permitting program, Delaware 

presently has a fully-approved NSR 

permit program. See 77 FR 60053. Thus, 

there is no deficiency in Delaware’s SIP. 

Therefore, if EPA takes final action to 

disapprove this SIP submission, no 

sanctions under CAA section 179 will 

be triggered. 

The full or partial disapproval of a SIP 

revision in general also triggers the 

requirement under CAA section 110(c) 

that EPA promulgate a FIP no later than 

two years from the date of the 

disapproval unless the State corrects the 

deficiency, and the Administrator 

approves the plan or plan revision 

before the Administrator promulgates 

such FIP. As previously discussed, 

Delaware’s SIP is not deficient as 

Delaware has a fully-approved NSR 

preconstruction permit program. 

Therefore, if EPA takes final action to 

disapprove this submission, no FIP 

requirements for EPA under CAA 

section 110(c) will be triggered. 

EPA is soliciting public comments 

only on the issues discussed in this 

document. These comments will be 

considered before taking final action. 

Sources in Delaware are reminded that 

they remain subject to the requirements 

of Delaware’s Federally-approved 

nonattainment NSR preconstruction 

permit program in 7 DE Admin. Code 

1125 (approved by EPA on October 2, 

2012) and are subject to potential 

enforcement for violations of the SIP 

including failure to comply with NSR 

permit requirements and specifically 

with emission offset requirements in 

CAA section 173 and in the Federallyenforceable Delaware SIP. See EPA’s 

Revised Guidance on Enforcement 

During Pending SIP Revisions (March 1, 

1991). 

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. In this case, EPA is proposing 

to disapprove Delaware’s October 15, 

2013 SIP submittal because it does not 

meet Federal requirements. 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, to 

disapprove Delaware’s October 15, 2013 

SIP revision related to emission offset 

provisions, 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. 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Proposed Rules 30019 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Volatile organic 

compounds. 

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

Dated: May 13, 2015. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

[FR Doc. 2015–12487 Filed 5–22–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2015–0192; FRL- 9927–95- 

Region-5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio: 

Cleveland and Delta; Determination of 

Attainment for the 2008 Lead Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On February 20, 2015, the 

Ohio Environmental Protection Agency 

(Ohio EPA) submitted a request to the 

Environmental Protections Agency 

(EPA) to make a determination under 

the Clean Air Act that the Cleveland and 

Delta nonattainment areas have attained 

the 2008 lead (Pb) national ambient air 

quality standards (NAAQS). In this 

action, EPA is proposing to determine 

that the Cleveland and Delta 

nonattainment areas (areas) have 

attained the 2008 Pb NAAQS. These 

determinations of attainment are based 

upon complete, quality-assured and 

certified ambient air monitoring data for 

the 2012–2014 design period showing 

that the areas have monitored 

attainment of the 2008 Pb NAAQS. 

Additionally, as a result of this 

proposed determination, EPA is 

proposing to suspend the requirements 

for the areas to submit attainment 

demonstrations, together with 

reasonably available control measures, a 

reasonable further progress (RFP) plans, 

and contingency measures for failure to 

meet RFP and attainment deadlines for 

as long as the areas continue to attain 

the 2008 Pb NAAQS. 

DATES: Comments must be received on 

or before June 25, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2015–0192, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: aburano.douglas@epa.gov. 

3. Fax: (312) 408–2279. 

4. Mail: Douglas Aburano, Chief, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Douglas Aburano, 

Chief, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Arra, Environmental Scientist, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–9401, 

arra.sarah@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules section of this Federal 

Register, EPA is making an attainment 

determination as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

action is set forth in the direct final rule. 

If no adverse comments are received in 

response to this rule, no further activity 

is contemplated. If EPA receives adverse 

comments, the direct final rule will be 

withdrawn and all public comments 

received will be addressed in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time. Please note 

that if EPA receives adverse comment 

on an amendment, paragraph, or section 

of this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. For additional 

information, see the direct final rule 

which is located in the Rules section of 

this Federal Register. 

Dated: May 13, 2015. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2015–12499 Filed 5–22–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2014–0659; FRL–9927–97- 

Region-5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Removal of General Conformity 

Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the removal 

of general conformity regulations from 

the Ohio state implementation plan 

(SIP) under the Clean Air Act. These 

regulations are no longer necessary 

since the establishment of the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users transportation act removed the 

requirement for states to maintain 

general conformity regulations. 

DATES: Comments must be received on 

or before June 25, 2015 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2014–0659, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS