45350 Federal Register / Vol. 79, No. 150 / Tuesday, August 5, 2014 / Rules and Regulations 

(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 final 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 final 

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 

upon 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 final priority only 

on a reasoned determination that its 

benefits justify its costs. In choosing 

among alternative regulatory 

approaches, we selected those 

approaches that 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 have also determined that this 

regulatory action does 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. 

An IDEA Data Management Center 

funded under the priority established by 

this regulatory action will assist States 

in complying with Federal laws and 

regulations. Without this regulatory 

action, the burden of improving State 

capacity to collect, report, and analyze 

IDEA data would fall solely on the 

responsible State and local entities. 

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 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: July 31, 2014. 

Michael K. Yudin, 

Acting Assistant Secretary for Special 

Education and Rehabilitative Services. 

[FR Doc. 2014–18481 Filed 8–4–14; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R03–OAR–2014–0022; FRL–9914–53– 

Region–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Redesignation Requests, 

Associated Maintenance Plans, and 

Motor Vehicle Emissions Budgets for 

the Delaware Portion of the 

Philadelphia-Wilmington, PA–NJ–DE 

Nonattainment Area for the 1997 

Annual and 2006 24-Hour Fine 

Particulate Matter Standards, and the 

2007 Comprehensive Emissions 

Inventory for the 2006 24-Hour Fine 

Particulate Matter Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the State of 

Delaware’s requests to redesignate to 

attainment the Delaware portion of the 

Philadelphia-Wilmington, PA–NJ–DE 

nonattainment area (hereafter ‘‘the 

Philadelphia Area’’ or ‘‘the Area’’) for 

both the 1997 annual and the 2006 24- 

hour fine particulate matter (PM2.5) 

National Ambient Air Quality Standards 

(NAAQS or standards). EPA is also 

approving as revisions to the Delaware 

State Implementation Plan (SIP), the 

associated maintenance plans to show 

maintenance of the 1997 annual and the 

2006 24-hour PM2.5 NAAQS through 

2025 for the Delaware portion of the 

Area. EPA is also proposing to approve 

the motor vehicle emissions budgets 

(MVEBs) included in Delaware’s 

maintenance plans for the Delaware 

portion of the Area for both the 1997 

annual and 2006 24-hour PM2.5

standards. EPA is also determining that 

the Delaware portion of the 

Philadelphia Area continues to attain 

both the 1997 annual and the 2006 24- 

hour PM2.5 NAAQS. In addition, EPA is 

approving the 2007 emissions inventory 

for the Delaware portion of the Area for 

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Federal Register / Vol. 79, No. 150 / Tuesday, August 5, 2014 / Rules and Regulations 45351 

the 2006 24-hour PM2.5 NAAQS. These 

actions are being taken under the Clean 

Air Act (CAA). 

DATES: This final rule is effective on 

September 4, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2014–0022. 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: 

Maria A. Pino, (215) 814–2181, or by 

email at pino.maria@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 12, 2012, the Delaware 

Department of Natural Resources and 

Environmental Control (DNREC) 

formally submitted two separate 

requests to redesignate the Delaware 

portion of the Philadelphia Area from 

nonattainment to attainment for the 

1997 annual and the 2006 24-hour PM2.5

NAAQS, respectively. With the 

redesignation requests, DNREC 

submitted maintenance plans as SIP 

revisions to ensure continued 

attainment of the standards throughout 

the Delaware portion of the Area over 

the next 10 years. Each maintenance 

plan contains MVEBs for the Delaware 

portion of the Area for transportation 

conformity purposes. The December 12, 

2012 submittal for the 2006 24-hour 

PM2.5 NAAQS also includes a 2007 

comprehensive emissions inventory to 

meet the requirement of section 

172(c)(3) of the CAA for the 2006 24- 

hour PM2.5 NAAQS. 

On April 11, 2014 (79 FR 20139), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of 

Delaware. In the NPR, EPA proposed 

approval of Delaware’s redesignation 

requests for the Delaware portion of the 

Philadelphia Area for the 1997 annual 

and 2006 24-hour PM2.5 NAAQS. EPA 

also proposed approval of the associated 

maintenance plans as SIP revisions for 

the 1997 annual and 2006 24-hour PM2.5

standards, and the MVEBs included in 

Delaware’s maintenance plans for the 

Delaware portion of the Area for both 

the 1997 annual and 2006 24-hour PM2.5

standards. In addition, EPA proposed 

approval of the 2007 emissions 

inventory for the Delaware portion of 

the Area for the 2006 24-hour PM2.5

NAAQS. Finally, EPA proposed that the 

Philadelphia Area continues to attain 

both the 1997 annual and the 2006 24- 

hour PM2.5 NAAQS. 

In the April 11, 2014 NPR, EPA 

addressed the effects of two decisions of 

the United States Court of Appeals for 

the District of Columbia Circuit (D.C. 

Circuit Court): The D.C. Circuit Court’s 

January 4, 2013 decision to remand to 

EPA two final rules implementing the 

1997 annual PM2.5 standard and the D.C. 

Circuit Court’s August 21, 2012 decision 

to vacate and remand to EPA the CrossState Air Pollution Control Rule 

(CSAPR). However, subsequent to 

publication of the NPR, United States 

Supreme Court reversed the D.C. Circuit 

decision vacating and remanding 

CSAPR in EPA v. EME Homer City 

Generation, L.P., 134 S.Ct. 1584 (2014). 

EPA has considered the recent 

decision from the U.S. Supreme Court 

regarding CSAPR, and has concluded 

that the decision does not alter the 

Agency’s decision to redesignate the 

Delaware portion of the Philadelphia 

Area to attainment for the 1997 annual 

and 2006 24-hour PM2.5 NAAQS. EPA 

promulgated CSAPR (76 FR 48208, 

August 8, 2011) to replace the Clean Air 

Interstate Rule (CAIR), which has been 

in place since 2005. See 76 FR 59517. 

The rules require significant reductions 

in emissions of sulfur dioxide (SO2) and 

oxides of nitrogen (NOX) from electric 

generating units (EGUs) to limit the 

interstate transport of these pollutants 

and the ozone and fine particulate 

matter they form in the atmosphere. The 

D.C. Circuit Court initially vacated 

CAIR, North Carolina v. EPA, 531 F.3d 

896 (D.C. Cir. 2008), but ultimately 

remanded the rule to EPA without 

vacatur to preserve the environmental 

benefits provided by CAIR, North 

Carolina v. EPA, 550 F.3d 1176, 1178 

(D.C. Cir. 2008). After staying 

implementation of CSAPR on December 

20, 2011 and instructing EPA to 

continue to implement CAIR in the 

interim, on August 21, 2012, the D.C. 

Circuit Court issued a decision to vacate 

CSAPR, with further instruction to 

continue administering CAIR ‘‘pending 

the promulgation of a valid 

replacement.’’ 

As stated in the April 11, 2014 NPR, 

Delaware does not rely on either CAIR 

or CSAPR for emission reductions that 

contributed to the Delaware portion of 

the Philadelphia Area’s attainment of 

the 1997 and 2006 PM2.5 NAAQS, nor 

does the State rely on either of the rules 

in its maintenance plans. However, 

because CAIR was promulgated in 2005 

and incentivized sources and states to 

begin achieving early emission 

reductions, the air quality data 

examined by EPA in issuing the final 

determinations of attainment for the 

Philadelphia Area for the 1997 and 2006 

PM2.5 NAAQS (77 FR 28782, May 16, 

2012 and 78 FR 882, January 7, 2013)) 

and the air quality data from the area 

since 2005 necessarily reflect reductions 

in emissions from upwind sources as a 

result of CAIR. 

Nonetheless, in this case, EPA 

believes that it is appropriate to 

redesignate the Delaware portion of the 

Philadelphia Area. As stated in the 

April 11, 2014 NPR, modeling 

conducted by EPA during the CSAPR 

rulemaking process, which used a 

baseline emissions scenario that 

‘‘backed out’’ the effects of CAIR, see 76 

FR at 48223, projected that the counties 

in the Philadelphia Area would have 

PM2.5 levels below the 1997 annual and 

2006 24-hour PM2.5 NAAQS in both 

2012 and 2014 without taking into 

account emissions reductions from 

CAIR or CSAPR. See ‘‘Air Quality 

Modeling Final Rule Technical Support 

Document,’’ Appendix B, pages B–37, 

B–51, B–57, B–58, B–66, B–80, B–86. 

This modeling is available in the docket 

for this rulemaking action. In addition, 

the 2010–2012 quality-assured, qualitycontrolled, and certified monitoring 

data for the Philadelphia Area confirms 

that 2012 PM2.5 annual design values for 

each monitoring site in the Area 

remained well below the 1997 annual 

and 2006 24-hour PM2.5 NAAQS, and 

thus the entire Area continued to attain 

the standard in 2012. As stated in the 

NPR, 2010–2012 annual and 24-hour 

design values for the Philadelphia Area 

are 13.1 micrograms per cubic meter 

(mg/m3) and 31 mg/m3, respectively and 

preliminary 2011–2013 annual and 24- 

hour design values of 12.3 mg/m3 and 28 

mg/m3, respectively. In addition, as 

stated in the April 11, 2014 NPR, 

emissions of SO2 and NOX, the two 

pollutants targeted by CAIR and CSAPR, 

have decreased greatly since the 

Philadelphia Area was designated as 

nonattainment for the 1997 and 2006 

PM2.5 NAAQS, and those reductions are 

projected to continue throughout the 

maintenance period. Between 2002 and 

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45352 Federal Register / Vol. 79, No. 150 / Tuesday, August 5, 2014 / Rules and Regulations 

2007, NOX and SO2 emissions were 

reduced by 25 percent and 70 percent, 

respectively, in the Delaware portion of 

the Philadelphia Area. For maintenance 

of the 1997 annual NAAQS, between 

2007 and 2025, NOX and SO2 emissions 

are projected to decrease by 40 percent 

and 54 percent, respectively, in the 

Delaware portion of the Philadelphia 

Area. For maintenance of the 2006 24- 

hour NAAQS, between 2008 and 2025, 

NOX and SO2 emissions are projected to 

decrease by 38 percent and 61 percent, 

respectively, in the Delaware portion of 

the Philadelphia Area. These reductions 

are due to a combination of strong state 

and federal control measures that were 

listed in the NPR, and do not include 

any emission reductions from CAIR or 

CSAPR. 

The status of CSAPR is not relevant to 

these redesignations. CSAPR was 

promulgated in June 2011, and the rule 

was stayed by the D.C. Circuit Court just 

six months later, before the trading 

programs it created were scheduled to 

go into effect. Therefore, the 

Philadelphia Area’s attainment of the 

1997 annual and 2006 24-hour PM2.5

NAAQS cannot have been a result of 

any emission reductions associated with 

CSAPR. In sum, neither the current 

status of CAIR nor the current status of 

CSAPR affects any of the criteria for 

proposed approval of these 

redesignation requests for the Delaware 

portion of the Philadelphia Area. 

Specific details of Delaware’s 

submittals and the rationale for EPA’s 

proposed actions are explained in the 

NPR and will not be restated here. No 

adverse public comments were received 

on the NPR. EPA did receive one public 

comment in support of this rulemaking 

action, which can be found in the 

publicly available docket for this 

rulemaking action. 

II. Final Action 

EPA is approving Delaware’s requests 

to redesignate the Delaware portion of 

the Philadelphia Area from 

nonattainment to attainment for the 

1997 annual and the 2006 24-hour PM2.5

NAAQS. EPA has evaluated Delaware’s 

redesignation requests and determined 

that upon approval of the 2007 

comprehensive emissions inventory for 

the 2006 24-hour PM2.5 NAAQS 

proposed as part of this rulemaking 

action, it would meet the redesignation 

criteria set forth in section 107(d)(3)(E) 

of the CAA for both standards. As stated 

in greater detail in the April 11, 2014 

NPR, EPA believes that the monitoring 

data demonstrate that the entire 

Philadelphia Area is attaining and will 

continue to attain the 1997 annual and 

2006 24-hour PM2.5 NAAQS. EPA is also 

proposing to approve the associated 

maintenance plans for the Delaware 

portion of the Area as a revision to the 

Delaware SIP for the 1997 annual and 

2006 24-hour PM2.5 standards because 

they meet the requirements of CAA 

section 175A for both standards. For 

transportation conformity purposes, 

EPA is also proposing to approve 

MVEBs for both the 1997 annual and 

2006 24-hour PM2.5 standards. Final 

approval of the redesignation requests 

would change the official designations 

of the Delaware portion of the 

Philadelphia Area for the 1997 annual 

and the 2006 24-hour PM2.5 NAAQS, 

respectively, found at 40 CFR part 81, 

from nonattainment to attainment, and 

would incorporate into the Delaware 

SIP the associated maintenance plans 

ensuring continued attainment of the 

1997 annual and 2006 24-hour PM2.5

NAAQS in the Delaware portion of the 

Area for the next 10 years, until 2025. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of the 

maintenance plan under CAA section 

107(d)(3)(E) are actions that affect the 

status of geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

required by state law. A redesignation to 

attainment does not in and of itself 

impose any new requirements, but 

rather results in the application of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

Act 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). 

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 

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Federal Register / Vol. 79, No. 150 / Tuesday, August 5, 2014 / Rules and Regulations 45353 

circuit by October 6, 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, in 

which EPA is approving of the 

redesignation requests and maintenance 

plans for the Delaware portion of the 

Philadelphia Area for the 1997 annual 

and 2006 24-hour PM2.5 NAAQS, 

MVEBs included in Delaware’s 

maintenance plans for the Delaware 

portion of the Area for both the 1997 

annual and 2006 24-hour PM2.5 NAAQS, 

and the 2007 comprehensive emissions 

inventory for the 2006 24-hour PM2.5

NAAQS, may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2).) 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen oxides, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

40 CFR Part 81 

Air pollution control, National parks, 

Wilderness areas. 

Dated: July 11, 2014. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR parts 52 and 81 are 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 entries for the 

1997 Annual and the 2006 24-Hour 

PM2.5 Maintenance Plans for the 

Delaware Portion of the PhiladelphiaWilmington, PA–NJ–DE Area (New 

Castle County) 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 

*******

Maintenance plan contained in ‘‘Delaware Redesignation Request and Maintenance Plan Under the 

1997 Annual PM2.5 National Ambient Air Quality 

Standard For the New Castle County Portion of the 

Philadelphia-Wilmington, PA–NJ–DE Nonattainment 

Area for Fine Particles,’’ dated November 27, 2012.

New Castle 

County.

12/12/2012 8/5/2014 [Insert page 

number where the document begins].

See § 52.427(d). 

Maintenance plan contained in ‘‘Delaware Redesignation Request and Maintenance Plan Under the 

2006 Daily PM2.5 National Ambient Air Quality 

Standard For the New Castle County Portion of the 

Philadelphia-Wilmington, PA–NJ–DE Nonattainment 

Area for Fine Particles,’’ dated November 27, 2012.

New Castle 

County.

12/12/2012 8/5/2014 [Insert page 

number where the document begins].

See § 52.427(e). 

■ 3. Section 52.423 is amended by 

revising the section heading and by 

adding paragraph (d) to read as follows: 

§ 52.423 Base year emissions inventory. 

* * * * * 

(d) EPA approves as a revision to the 

Delaware State Implementation Plan the 

comprehensive emissions inventory for 

the Delaware portion of the 

Philadelphia-Wilmington, PA–NJ–DE 

2006 24-hour fine particulate matter 

(PM2.5) nonattainment area submitted by 

the Delaware Department of Natural 

Resources and Environmental Control 

on December 12, 2012. The 2007 year 

emissions inventory includes emissions 

estimates that cover the general source 

categories of point sources, non-road 

mobile sources, area sources, on-road 

mobile sources, and biogenic sources for 

New Castle County, Delaware. The 

pollutants that comprise the inventory 

are nitrogen oxides (NOX), volatile 

organic compounds (VOCs), PM2.5, 

ammonia (NH3), and sulfur dioxide 

(SO2). 

■ 4. Section 52.427 is amended by 

adding paragraphs (d) and (e) to read as 

follows: 

§ 52.427 Control strategy: Particular 

matter. 

* * * * * 

(d) EPA approves the maintenance 

plan for the Delaware portion of the 

Philadelphia-Wilmington, PA–NJ–DE 

PM2.5 Nonattainment Area (New Castle 

County) for the 1997 annual fine 

particulate matter (PM2.5) national 

ambient air quality standard (NAAQS) 

submitted by the Secretary of the 

Delaware Department of Natural 

Resources and Environmental Control 

on December 12, 2012. The maintenance 

plans include motor vehicle emission 

budgets in tons per year (tpy) used for 

transportation conformity purposes for 

New Castle County, Delaware. 

NEW CASTLE COUNTY MOTOR VEHICLE EMISSIONS BUDGETS FOR THE 1997 ANNUAL PM2.5 NAAQS 

[tpy] 

Type of control strategy SIP Year NOX PM2.5

Effective date 

of SIP 

approval 

Maintenance Plan ........................................... 2017 Interim Budget ....................................... 6,273 199 9/4/2014 

2025 Final Budget .......................................... 6,273 199 

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45354 Federal Register / Vol. 79, No. 150 / Tuesday, August 5, 2014 / Rules and Regulations 

(e) EPA approves the maintenance 

plan for the Delaware portion of the 

Philadelphia-Wilmington, PA–NJ–DE 

PM2.5 Nonattainment Area (New Castle 

County) for the 2006 24-hour fine 

particulate matter (PM2.5) national 

ambient air quality standard (NAAQS) 

submitted by the Secretary of the 

Delaware Department of Natural 

Resources and Environmental Control 

on December 12, 2012. The maintenance 

plans include motor vehicle emission 

budgets in tons per year (tpy) used for 

transportation conformity purposes for 

New Castle County, Delaware. 

NEW CASTLE COUNTY MOTOR VEHICLE EMISSIONS BUDGETS FOR THE 2006 24-HOUR PM2.5 NAAQS 

[tpy] 

Type of control strategy SIP Year NOX PM2.5

Effective date 

of SIP 

approval 

Maintenance Plan ........................................... 2017 Interim Budget ....................................... 6,273 199 9/4/2014 

2025 Final Budget .......................................... 6,273 199 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 5. The authority citation for Part 81 

continues to read as follows: 

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

■ 6. In § 81.308, the tables for 

Delaware—1997 Annual PM2.5 NAAQS 

[Primary and secondary] and 

Delaware—2006 24-Hour PM2.5 NAAQS 

[Primary and secondary] are amended 

by removing footnote number 2 in each 

table and revising the entries for the 

Philadelphia-Wilmington, PA–NJ–DE 

Area to read as follows: 

§ 81.308 Delaware. 

* * * * * 

DELAWARE—1997 ANNUAL PM2.5 NAAQS 

[Primary and secondary] 

Designated area 

Designation a Classification 

Date 1 Type Date Type 

Philadelphia-Wilmington, PA–NJ–DE: New Castle County ............................... 8/5/2014 Attainment .... ........................ ........................

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 90 days after January 5, 2005, unless otherwise noted. 

* * * * * 

DELAWARE—2006 24-HOUR PM2.5 NAAQS 

[Primary and secondary] 

Designated area 

Designation a Classification 

Date 1 Type Date Type 

Philadelphia-Wilmington, PA–NJ–DE: New Castle County ............................... 8/5/2014 Attainment .... ........................ ........................

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 30 days after November 13, 2009, unless otherwise noted. 

* * * * * 

[FR Doc. 2014–18205 Filed 8–4–14; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 79 

[MB Docket No. 11–154; FCC 14–97] 

Closed Captioning of Internet ProtocolDelivered Video Programming: 

Implementation of the Twenty-First 

Century Communications and Video 

Accessibility Act of 2010; Closed 

Captioning of Internet ProtocolDelivered Video Clips 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, as part of 

the Commission’s continued 

implementation of the Twenty-First 

Century Communications and Video 

Accessibility Act of 2010 (‘‘CVAA’’), it 

concludes that clips of video 

programming covered by the statute 

must be captioned when delivered using 

Internet protocol (‘‘IP’’). The 

Commission adopts rules governing 

such captioning and sets out a schedule 

of deadlines. These requirements will 

apply where a video programming 

distributor or provider posts on its Web 

mstockstill on DSK4VPTVN1PROD with RULES