Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Proposed Rules 49409 

TABLE 2—MOTOR VEHICLE EMISSIONS BUDGETS

Geographic area Year PM2.5

(tons/year) 

NOX

(tons/year) 

Pittsburgh Area ............................................................................................................................ 2011 961.71 28,973.05 

If EPA approves these MVEBs in the 

final rulemaking action, the new MVEBs 

must be used for future transportation 

conformity determinations. The 2011 

MVEBs, if approved in the final 

rulemaking action, will be effective on 

the date of publication of EPA’s final 

rulemaking action in the Federal 

Register. 

VII. Proposed Actions 

EPA proposes to determine, based on 

the most recent three years of complete, 

quality-assured and certified data 

meeting the requirements of 40 CFR part 

50, appendix N, that the Pittsburgh Area 

is currently attaining the 2006 24-hour 

PM2.5 NAAQS. Based upon EPA’s 

proposed determination that Pittsburgh 

Area is currently attaining the standard, 

EPA proposes to determine that the 

obligation to submit the following 

attainment-related planning 

requirements are not applicable for so 

long as the Area continues to attain the 

PM2.5 standard: Subpart 4 obligations to 

provide an attainment demonstration 

pursuant to section 189(a)(1)(B), the 

RACM provisions of section 

189(a)(1)(C), the RFP provisions of 

section 189(c), and related attainment 

demonstration, RACM, RFP, and 

contingency measure provisions 

requirements of subpart 1, section 172. 

This proposed rulemaking action, if 

finalized, would not constitute a 

redesignation to attainment under CAA 

section 107(d)(3). 

In conjunction with this proposed 

finding of attainment, pursuant to 40 

CFR 93.109(c)(5)(iii), as described in the 

transportation conformity rule and the 

preamble of the Transportation 

Conformity Restructuring Amendments 

(77 FR 14982, March 14, 2012), EPA is 

also proposing to approve the MVEBs 

for the 2006 24-hour PM2.5 NAAQS. 

EPA is soliciting public comments on 

the issues discussed in this document. 

These comments will be considered 

before taking final action. 

VIII. Statutory and Executive Order 

Reviews 

This rulemaking action proposes to 

make a determination of attainment 

based on air quality, and would, if 

finalized, result in the suspension of 

certain federal requirements. This action 

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 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 

determination of attainment of the 

Pittsburgh Area with respect to the 2006 

24-hour PM2.5 NAAQS and the MVEBs, 

does not have tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), because 

the determination 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, Intergovernmental 

relations, Particulate matter, Reporting 

and recordkeeping requirements. 

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

Dated: July 31, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2013–19760 Filed 8–13–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0392; FRL–9900–06– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Infrastructure Requirements 

for the 2010 Nitrogen Dioxide National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

submittal from 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. Delaware 

has made a submittal addressing the 

infrastructure requirements for the 2010 

nitrogen dioxide (NO2) NAAQS. 

DATES: Written comments must be 

received on or before September 13, 

2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2013–0392 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
49410 Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Proposed Rules 

C. Mail: EPA–R03–OAR–2013–0392, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, 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– 

0392. 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: Rose 

Quinto, (215) 814–2182, or by email at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 9, 2010 (75 FR 6474), 

EPA established a new 1-hour primary 

NAAQS for NO2 at a level of 100 parts 

per billion (ppb), based on a 3-year 

average of the 98th percentile of the 

yearly distribution of 1-hour daily 

maximum concentrations. 

Section 110(a) of the CAA requires 

states to submit state implementation 

plans (SIPs) that provide for the 

implementation, maintenance, and 

enforcement of new or revised NAAQS 

within three years following the 

promulgation of such NAAQS. Section 

110(a) of the CAA imposes the 

obligation upon states to make a SIP 

submission to EPA for a new or revised 

NAAQS. For the 2010 NO2 NAAQS, 

states have already put in place many of 

the basic program elements required in 

section 110(a)(2) of the CAA through 

prior SIP revisions under previous NO2

NAAQS. Section 110(a)(2) of the CAA 

lists specific elements that states must 

demonstrate have been met in the SIP. 

The requirements include SIP 

infrastructure elements such as 

requirements for modeling, monitoring, 

and emissions inventories that are 

designed to assure attainment and 

maintenance of the NAAQS. 

Two elements identified in section 

110(a)(2) are not governed by the three 

year submission deadline of section 

110(a)(1) because SIPs incorporating 

necessary local nonattainment area 

controls are not due within three years 

after promulgation of a new or revised 

NAAQS, but rather are due at the time 

the nonattainment area plan 

requirements are due pursuant to other 

provisions of the CAA for submission of 

SIP revisions specifically applicable for 

attainment planning purposes. These 

requirements are: (1) Submissions 

required by section 110(a)(2)(C) to the 

extent that subsection refers to a permit 

program as required in part D Title I of 

the CAA; and (2) submissions required 

by section 110(a)(2)(I) that pertain to the 

nonattainment planning requirements of 

part D, Title I of the CAA. This 

proposed rulemaking action does not 

address infrastructure elements related 

to section 110(a)(2)(I) or the 

nonattainment planning requirements of 

110(a)(2)(C). 

II. Summary of State Submittal 

On March 27, 2013, Delaware 

provided a SIP submittal to satisfy CAA 

section 110(a)(2) requirements, that is 

the subject of this proposed rulemaking, 

for the 2010 NO2 NAAQS. This 

submittal addressed the following 

infrastructure elements: Section 

110(a)(2)(A), (B), (C), (D), (E), (F), (G), 

(H), (J), (K), (L), and (M). 

EPA has analyzed the above identified 

SIP submission and is proposing to 

make a determination that this submittal 

meets the requirements of section 

110(a)(2)(A), (B), (C), (D), (E), (F), (G), 

(H), (J), (K), (L), and (M) of the CAA. A 

detailed summary of EPA’s review and 

rationale for approving Delaware’s SIP 

submittal may be found in the Technical 

Support Document (TSD) for this action 

which is available on line at 

www.regulations.gov, Docket number 

EPA–R03–OAR–2013–0392. 

III. Proposed Action 

EPA is proposing to approve 

Delaware’s SIP submittal that provides 

the basic program elements specified in 

CAA section 110(a)(2)(A), (B), (C), (D), 

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

necessary to implement, maintain, and 

enforce the 2010 NO2 NAAQS. 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 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 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 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Proposed Rules 49411 

1 76 FR 38844. 

2 77 FR 59458. 

3Letter dated August 11, 2011 to Administrator 

Lisa Jackson from Charles T. Drevna, President 

National Petrochemical & Refiners Association, 

‘‘Subject: Docket EPA–HQ–OAR–2010–0133— 

Comments on EPA’s proposal for 2012 RFS RVOs 

and biomass-based diesel volume for 2013’’. Letter 

dated August 11, 2011 to Air and Radiation Docket 

from Patrick Kelly, Senior Policy Advisor American 

Petroleum Institute, ‘‘Re: Docket ID No. EPA–HQ– 

OAR–2010–0133 The U.S. Environmental 

Protection Agency’s Proposed Rule on Regulation of 

Fuel and Fuel Additives: 2012 Renewable Fuel 

Standards’’. 

4Letter dated November 20, 2012 to Honorable 

Lisa Jackson from Richard Moskowitz, American 

Fuel & Petrochemical Manufacturers, ‘‘Re: Petition 

for Reconsideration—Docket No. EPA–HQ–OAR– 

2010–0133. Letter dated November 26, 2012 to 

Honorable Lisa Jackson from Robert L. Greco, III, 

American Petroleum Institute, ‘‘Re: Request for 

Reconsideration of EPA’s Final Rulemaking ‘‘2013 

biomass-Based Diesel Renewable Fuel Volume’’. 

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). 

This proposed rule, pertaining to 

Delaware’s CAA section 110(a)(2) 

infrastructure requirements for the 2010 

NO2 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, Nitrogen dioxide, Reporting 

and recordkeeping requirements. 

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

Dated: July 31, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2013–19751 Filed 8–13–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2010–0133; FRL–9900–01– 

OAR] 

RIN 2060–AR55 

Denial of Petitions for Reconsideration 

of Regulation of Fuels and Fuel 

Additives: 2013 Biomass-Based Diesel 

Renewable Fuel Volume Final Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of denial of petitions for 

reconsideration. 

SUMMARY: The Environmental Protection 

Agency (EPA, or Agency) is denying two 

petitions for reconsideration of the final 

rule entitled Regulation of Fuels and 

Fuel Additives: 2013 Biomass-Based 

Diesel Renewable Fuel Volume. 

DATES: EPA’s denials of the petitions for 

reconsideration were issued by letters 

dated August 6, 2013. 

FOR FURTHER INFORMATION CONTACT: Paul 

Argyropoulos; Office of Transportation 

and Air Quality; Environmental 

Protection Agency; 1200 Pennsylvania 

Avenue NW., Washington, DC 20460; 

telephone number: (202) 564–1123; 

email address: 

argyropoulos.paul@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Description of Action: Section 

211(o)(2)(B)(ii) of the Clean Air Act 

requires that EPA determine the 

applicable volume of biomass-based 

diesel to be used in setting annual 

percentage standards under the 

renewable fuel standard program for 

years after 2012. EPA issued a Notice of 

Proposed Rulemaking (‘‘NPRM’’) on July 

1, 2011 which proposed a number of 

actions,1 including proposing 1.28 

billion gallons as the applicable volume 

of biomass-based diesel for 2013. After 

considering public comments on its 

proposal, EPA issued a final rule on 

September 27, 2012 establishing 1.28 

billion gallons as the applicable volume 

of biomass based diesel for 2013.2

Petitioners, the American Fuel & 

Petrochemical Manufacturers (AFPM) 

and the American Petroleum Institute 

(API), submitted comments 3 to EPA 

during the comment period on the July 

1, 2011, proposed rule, and 

subsequently each individually 

submitted a petition for reconsideration 

of the final rule published on September 

27, 2012 and which became effective on 

November 26, 2012.4 Both petitioners 

requested that EPA reconsider its final 

decision to set the applicable volume 

requirement of biomass-based diesel at 

1.28 billion gallons instead of the 

minimum 1.0 billion gallons specified 

in the statute. Issues raised by AFPM 

included the impact of the 2012 drought 

on feedstock availability and cost, the 

impact of fraudulent RINs on EPA’s 

assessment of the growth potential of 

the biodiesel industry in 2013, and the 

adequacy of EPA’s assessment of 

impacts of the rule related to cost, 

energy security, job creation, 

greenhouse case emissions and other 

matters. API’s petition was more limited 

and focused on the issue of fraudulent 

RINs. 

After carefully considering the 

petitions and all supporting 

information, the EPA Administrator 

denied the petitions for reconsideration 

on August 6, 2013 in separate letters to 

the petitioners. EPA denied the 

petitions because they each failed to 

meet the criteria for reconsideration in 

CAA section (307)(d)(7)(B); each of the 

objections raised in these petitions 

either were or could have been raised 

during the comment period on the 

proposed rule, or are not of central 

relevance to the outcome of the rule 

because they do not provide substantial 

support for the argument that the final 

rule establishing the applicable volume 

of biomass-based diesel for 2013 should 

be revised. The letters and an 

accompanying memorandum explain in 

detail the EPA’s reasons for the denials. 

How can I get copies of these 

documents and other related 

information? 

This Federal Register notice, the 

petitions for reconsideration, and the 

letters denying the petitions along with 

the accompanying memorandum which 

explains EPA’s reasons for denial are 

available in the docket that EPA 


tkelley on DSK3SPTVN1PROD with PROPOSALS