[Federal Register Volume 77, Number 191 (Tuesday, October 2, 2012)]
[Rules and Regulations]
[Pages 60053-60056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24095]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0381; FRL- 9735-7]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Requirements for Prevention of Significant Deterioration and
Nonattainment New Source Review; Fine Particulate Matter (PM2.5)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Delaware on March 14, 2012. This SIP revision
pertaining to Delaware's Prevention of Significant Deterioration (PSD)
and nonattainment New Source Review (NSR) programs incorporates
preconstruction permitting requirements for fine particulate matter
(PM2.5) into the Delaware SIP. In addition, EPA is approving
SIP revisions and portions of SIP submissions for the purpose of
determining that Delaware has met its statutory obligations with
respect to the infrastructure requirements of the Clean Air Act (CAA)
which relate to Delaware's PSD permitting program and are necessary to
implement, maintain, and enforce the 1997 national ambient air quality
standards (NAAQS) for PM2.5 and ozone, the 2006
PM2.5 NAAQS, and the 2008 lead NAAQS. EPA is approving these
revisions in accordance with the requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective on November 1, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2012-0381. 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.
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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: Gerallyn Duke, (215) 814-2084, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. On August 1, 2012 (77 FR 45527), EPA published a
notice of proposed rulemaking (NPR) for the State of Delaware. The NPR
proposed approval of a SIP revision pertaining to Delaware's Prevention
of Significant Deterioration (PSD) and nonattainment New Source Review
(NSR) programs which incorporates preconstruction permitting
requirements for fine particulate matter (PM2.5) into the
Delaware SIP. In addition, EPA proposed approval of SIP revisions and
portions of SIP submissions for the purpose of determining that
Delaware has met its statutory obligations with respect to the
infrastructure requirements of the Clean Air Act (CAA) which relate to
Delaware's PSD permitting program and are necessary to implement,
maintain, and enforce the 1997 PM2.5 and ozone NAAQS, the
2006 PM2.5 NAAQS, and the 2008 lead NAAQS. The formal SIP
revision was submitted by Delaware on March 14, 2012.
The purpose of this SIP revision is to incorporate the PSD and
nonattainment preconstruction permitting requirements for
PM2.5 that are set forth in two Federal rules. The first is
the ``Implementation of the New Source Review (NSR) Program for
Particulate Matter less than 2.5 Micrometers (PM2.5)'' (NSR
PM2.5 Rule), which was promulgated on May 16, 2008 (73 FR
28321). The second is the ``Prevention of Significant Deterioration
(PSD) for Particulate Matter less than 2.5 Micrometers
(PM2.5)--Increments, Significant Impact Levels (SILs) and
Significant Monitoring Concentration (SMC)'' (PSD PM2.5
Rule), which was promulgated on October 20, 2010 (75 FR 64864).
II. Summary of SIP Revision
The SIP revision consists of amendments to sections 1.0, 2.0, and
3.0 of 7 DE Admin. Code 1125, ``Requirements for Preconstruction
Review.'' The amendments establish the major source threshold,
significant emission rate and offset ratios for PM2.5,
establish NOX and SO2 as precursors to
PM2.5, and establish the allowance for interpollutant
trading for offsets and NSR applicability to PM2.5 precursor
pollutants, pursuant to the May 2008 NSR PM2.5 Rule. In
addition, the amendments add maximum allowable ambient pollutant
concentrations (increments), an SMC for PM2.5 pursuant to
the October 2010 PSD PM2.5 Rule, and SILs. As discussed in
the NPR, we do not consider the SILs to be a mandatory SIP element, and
in light of litigation before the U.S. Court of Appeals (D.C. Circuit),
we are taking no action at this time with regard to new section 3.9 of
DE Admin. Code 1125, ``Source Impact Analysis.''
Other specific requirements of the regulations 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 the March 14, 2012 SIP submission pertaining to
Delaware's PSD and nonattainment NSR programs to incorporate the
preconstruction permitting requirements for PM2.5 as a
revision to the Delaware SIP, with the exception for the portion of the
SIP submission concerning the implementation of SILs for
PM2.5. Additionally, in light of this SIP revision, EPA is
approving the portions of Delaware's December 13, 2007, March 12, 2008,
September 19, 2008, September 16, 2009, and April 1, 2010
infrastructure SIP submittals which address the obligations set forth
at CAA section 110(a)(2)(D)(i)(II) relating to Delaware's PSD permit
program for the 1997 PM2.5 and ozone NAAQS as well as for
the 2006 PM2.5 NAAQS. Finally, in light of Delaware's
submission dated October 17, 2011 and the March 2012 SIP revision which
address the obligations set forth at CAA sections 110(a)(2)(C),
(D)(i)(II) and (J) relating to the Delaware's PSD permit program, EPA
has determined that Delaware's SIP meets the statutory obligations
relating to its PSD permit program set forth at CAA sections
110(a)(2)(C), (D)(i)(II), and (J) for the 2008 lead 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);
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
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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 December 3, 2012. 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 NSR requirements for PM2.5
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, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.
Dated: September 18, 2012.
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 (c) is amended by revising
the entries for Regulation 1125, sections 1.0, 2.0, and 3.0 in
numerical order, to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Delaware SIP
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State regulation (7 DNREC State Additional
1100) Title/subject effective date EPA approval date explanation
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* * * * * * *
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1125 Requirements for Preconstruction Review
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Section 1.0................. General 2/11/12 10/2/12 [Insert page number Added 4 terms,
Provisions. where the document begins]. Revised 5
terms. Note:
In section
1.9, the
previous SIP-
approved
baseline dates
for sulfur
dioxide,
particulate
matter, and
nitrogen
dioxide in the
definition of
``Baseline
Date'' remain
part of the
SIP.
Section 2.0................. Emission Offset 2/11/12 10/2/12 [Insert page number Added Section
Provisions where the document begins]. 2.2.5, 2.4.3.3
(EOP). and 2.5.7
Section 3.0................. Prevention of 2/11/12 10/2/12 [Insert page number Revised Section
Significant where the document begins]. 3.2 and
Deterioration 3.7.7.1. Note:
of Air Quality. Previous SIP-
approved
revisions to
Section 3.1
for nitrogen
dioxide
increments and
Section 3.9A
(now
designated as
Section
3.10.1) for
air quality
models remain
part of the
SIP.
* * * * * * *
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[FR Doc. 2012-24095 Filed 10-1-12; 8:45 am]
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