[Federal Register Volume 78, Number 42 (Monday, March 4, 2013)]
[Rules and Regulations]
[Pages 14020-14022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04810]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0141; FRL-9786-4]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; the 2002 Base Year Emissions Inventory for the Delaware
Portion of the Philadelphia Nonattainment Area for the 1997 Annual Fine
Particulate Matter National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a revision to the Delaware State
Implementation Plan (SIP) submitted by the State of Delaware, through
the Delaware Department of Natural Resources and Environmental Control
(DNREC) on April 3, 2008. The SIP revision pertains to the 2002 base
year emissions inventory for the Delaware portion of the Philadelphia-
Wilmington, Pennsylvania-New Jersey-Delaware (PA-NJ-DE) nonattainment
area. The 2002 base year emissions inventory was submitted to meet
nonattainment requirements related to the Delaware nonattainment area
for the 1997 annual fine particulate matter (PM2.5) national
ambient air quality standard (NAAQS). EPA is approving the 2002 base
year emissions inventory in accordance with the requirements of the
Clean Air Act (CAA).
DATES: This final rule is effective on April 3, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-0141. 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: Rose Quinto, (215) 814-2182, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On November 19, 2012 (77 FR 69399), EPA published a notice of
proposed rulemaking (NPR) for the State of Delaware. The NPR proposed
approval of the 1997 annual PM2.5 attainment demonstration,
analysis of reasonably available control measures (RACM) and reasonably
available control technology (RACT), the 2002 base year emissions
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inventory, contingency measures, and the motor vehicle emission budgets
(MVEBs) used for transportation conformity purposes for New Castle
County in Delaware. In this final rulemaking action, EPA is only taking
final action on the 2002 base year emissions inventory portion of the
November 19, 2012 NPR. EPA will be taking separate action on the
remainder of the NPR which includes the approval of Delaware's SIP
revision for the attainment demonstration, the analysis of RACM/RACT,
contingency measures, and MVEBs.
II. Summary of SIP Revision
The PM2.5 2002 base year emissions inventory submitted
by DNREC on April 3, 2008 for the State of Delaware includes emissions
estimates that cover the general source categories of point sources,
nonroad mobile sources, area sources, onroad mobile sources, and
biogenic sources. The pollutants that comprise the inventory are
nitrogen oxides (NOX), volatile organic compounds (VOCs),
PM2.5, coarse particles (PM10), ammonia
(NH3), and sulfur dioxide (SO2). Discussions of
the emissions inventory development as well as the emissions inventory
can be found in the April 3, 2008 SIP submittal, a technical support
document, and in the NPR available on line at www.regulations.gov,
Docket No. EPA-R03-OAR-2010-0141. EPA has reviewed the results,
procedures and methodologies for the base year emissions inventory
submitted by DNREC. EPA found the process used to develop this
emissions inventory for Delaware is adequate and meets the requirements
of section 172(c)(3) of the CAA and EPA guidance for emission
inventories. Specific requirements of the 2002 base year emissions
inventory and the rationale for EPA's action are explained in the NPR
and will not be restated here. No public comments were received on the
portion of the NPR relating to the 2002 base year emissions inventory.
III. Final Action
EPA is approving the 2002 base year emissions inventory for the
1997 annual PM2.5 NAAQS as a revision to the Delaware SIP.
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
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 May 3, 2013. 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 the Delaware 2002 base year emissions
inventory for the 1997 annual PM2.5 NAAQS 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: February 14, 2013.
Shawn M. Garvin,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart I--Delaware
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2. In Sec. 52.420, the table in paragraph (e) is amended by adding at
the end of the table an entry for 2002 Base Year Emissions Inventory
for the 1997 annual fine particulate matter (PM2.5) standard
to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(e)* * *
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State
Name of non-regulatory SIP revision Applicable geographic submittal EPA approval date Additional
area date explanation
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* * * * * * *
2002 Base Year Emissions Inventory Delaware-Philadelphia- 4/3/08 3/4/13 [Insert page 52.423(c)
for the 1997 annual fine Wilmington, number where the
particulate matter (PM2.5) Pennsylvania-New document begins].
standard. Jersey-Delaware
nonattainment area.
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3. Sec. 52.423 is amended by adding paragraph (c) to read as follows:
Sec. 52.423 1990 Base year emissions inventory.
* * * * *
(c) EPA approves as a revision to the Delaware State Implementation
Plan for the 2002 base year emissions inventory for the Delaware 1997
annual fine particulate matter (PM2.5) nonattainment area
submitted by the Delaware Department of Natural Resources and
Environmental Control on April 3, 2008. The 2002 base 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. The pollutants that comprise
the inventory are nitrogen oxides (NOX), volatile organic
compounds (VOCs), PM2.5, coarse particles (PM10),
ammonia (NH3), and sulfur dioxide (SO2).
[FR Doc. 2013-04810 Filed 3-1-13; 8:45 am]
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