[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Rules and Regulations]
[Pages 42557-42558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17867]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0289; FRL-9440-1]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Regional Haze State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving the Delaware Regional Haze Plan, a revision
to the Delaware State Implementation Plan (SIP) addressing Clean Air
Act (CAA) requirements and EPA's rules for states to prevent and remedy
future and existing anthropogenic impairment of visibility in mandatory
Class I areas through a regional haze program. EPA is also approving
this revision since it meets the requirements of 110(a)(2)(D)(i)(II)
and 110(a)(2)(J), relating to visibility protection for the 1997 8-Hour
Ozone National Ambient Air Quality Standard (NAAQS) and the 1997 and
2006 fine particulate matter (PM2.5) NAAQS.
DATES: Effective Date: This final rule is effective on August 18, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2011-0289. All documents in the docket are listed in
the http://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 http://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: Jacqueline Lewis, (215) 814-2037, or
by e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. On May 13, 2011, (76 FR 27973) EPA published a
notice of proposed rulemaking (NPR) for the State of Delaware. The NPR
proposed approval of Delaware's regional haze plan for the first
implementation period, through 2018. EPA proposed to approve this
revision since it assures reasonable progress toward the national goal
of achieving natural visibility conditions in Class I areas for the
first implementation period. This revision also meets the requirements
of 110(a)(2)(D)(i)(II) and 110(a)(2)(J), relating to visibility
protection for the 1997 8-Hour Ozone NAAQS and the 1997 and
PM2.5 NAAQS. An explanation of the CAA's visibility
requirements and EPA regional haze rule as they apply to Delaware and
EPA's rationale for approving this SIP revision was provided in the NPR
and will not be restated here.
II. Summary of SIP Revision
The revision includes a long term strategy with enforceable
measures ensuring reasonable progress towards meeting the reasonable
progress goals for the first planning period, through 2018. Delaware's
Regional Haze Plan contains the emission reductions needed to achieve
Delaware's share of emission reductions agreed upon through the
regional planning process. Other specific requirements of the CAA and
EPA's Regional Haze Rule and the rationale for EPA's proposed action
are explained in the NPR and will not be restated here. No public
comments were received on the NPR.
III. Final Action
EPA is approving a revision to the Delaware State Implementation
Plan submitted by the State of Delaware, through the Delaware
Department of Natural Resources and Environmental Control, on September
25, 2008, that addresses regional haze for the first implementation
period. EPA is making a determination that the Delaware Regional Haze
SIP contains the emission reductions needed to achieve Delaware's share
of emission reductions agreed upon through the regional planning
process. Furthermore, Delaware's Regional Haze Plan ensures that
emissions from the State will not interfere with the reasonable
progress goals for neighboring states' Class I areas. In addition, EPA
is approving this revision because it meets the applicable visibility
related requirements of the CAA section 110(a)(2) including, but not
limited to 110(a)(2)(D)(i)(II) and 110(a)(2)(J), relating to visibility
protection for the 1997 8-Hour Ozone NAAQS and the 1997 and 2006
PM2.5 NAAQS.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
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);
[[Page 42558]]
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 circuit by September 19, 2011. 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 pertaining to Delaware's Regional Haze Plan for the
first implementation period, through 2018 may not be challenged later
in proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: June 27, 2011.
W.C. Early,
Acting, Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart I--Delaware
0
2. In Sec. 52.420, the table in paragraph (e) is amended by adding the
entry for Regional Haze Plan at the end of the table to read as
follows:
Sec. 52.420 Identification of plan.
* * * * *
(e) * * *
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Applicable State
Name of non-regulatory SIP geographic or submittal EPA approval date Additional
revision nonattainment area date explanation
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* * * * * * *
Regional Haze Plan............... Statewide........... 9/25/08 7/19/11 [Insert page ....................
number where the
document begins].
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[FR Doc. 2011-17867 Filed 7-18-11; 8:45 am]
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