[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Proposed Rules]
[Pages 63437-63438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25063]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2013-0492; FRL-9901-82-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Infrastructure Requirements for the 2010 Sulfur Dioxide
National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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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 sulfur dioxide
(SO2) NAAQS. This action proposes to approve portions of
this submittal.
DATES: Written comments must be received on or before November 25,
2013.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2013-0492 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: [email protected].
C. Mail: EPA-R03-OAR-2013-0492, 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 previously-listed 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 Number EPA-R03-OAR-
2013-0492. 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 [email protected].
SUPPLEMENTARY INFORMATION: On May 29, 2013, the State of Delaware
through the Delaware Department of Natural Resources and Environmental
Control (DNREC) submitted a revision to its SIP to satisfy the
requirements of section 110(a)(2) of the CAA for the 2010
SO2 NAAQS.
I. Background
On June 22, 2010 (75 FR 35520), EPA promulgated a revised NAAQS for
the 1-hour primary SO2 at a level of 75 parts per billion
(ppb), based on a 3-year average of the annual 99th percentile of 1-
hour daily maximum concentrations. Pursuant to section 110(a)(1) of the
CAA, states are required to submit SIPs meeting the applicable
requirements of section 110(a)(2) within three years after promulgation
of a new or revised NAAQS or within such shorter period as EPA may
prescribe. Section 110(a)(2) requires states to address basic SIP
elements such as requirements for monitoring, basic program
requirements and legal authority that are designed to assure attainment
and maintenance of the NAAQS. Section 110(a) imposes the obligation
upon states to make a SIP submittal to EPA for a new or revised NAAQS,
but the contents of that submittal may vary depending upon the facts
and circumstances. In particular, the data and analytical tools
available at the time the state develops and submits the SIP for a new
or revised NAAQS affect the content of the submittal. The content of
such SIP submittal may also vary depending upon what provisions the
state's existing SIP already contains.
In the case of the 2010 SO2 NAAQS, states typically have
met the basic program elements required in section 110(a)(2) through
earlier SIP submittals in connection with the SO2 NAAQS.
More specifically, section 110(a)(1) provides the procedural and timing
requirements for SIPs. Section 110(a)(2) lists specific elements that
states must meet for ``infrastructure'' SIP requirements related to a
newly established or revised NAAQS. As mentioned above, these
requirements include basic SIP elements such as requirements for
monitoring, basic program requirements and legal authority that are
designed to assure attainment and maintenance of the NAAQS.
II. Summary of State Submittal
On May 29, 2013, Delaware provided a submittal to satisfy section
110(a)(2) requirements of the CAA, that is the subject of this proposed
rulemaking, for
[[Page 63438]]
the 2010 SO2 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 submittal and is proposing to
make a determination that such submittal meets the requirements of
section 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M) of the CAA, with the exception of the part
D, Title I nonattainment planning requirements of section 110(a)(2)(I)
and the portion of the submittal relating to section 110(a)(2)(D)(i)(I)
on which EPA will take separate action. A detailed summary of EPA's
review and rationale for approving Delaware's submittal may be found in
the Technical Support Document (TSD) for this action which is available
on line at www.regulations.gov, Docket ID Number EPA-R03-OAR-2013-0492.
This proposed rulemaking action does not include section
110(a)(2)(I) which pertains to the nonattainment planning requirements
of part D, Title I of the CAA, because this element is not required to
be submitted by the 3-year submission deadline of section 110(a)(1) of
the CAA, and will be addressed in a separate process. This proposed
rulemaking action also does not address section 110(a)(2)(D)(i)(I) of
the CAA. In accordance with the decision of the U.S. Court of Appeals
for the District of Columbia (D.C. Circuit Court), EPA at this time is
not treating the 110(a)(2)(D)(i)(I) SIP submission from Delaware as a
required SIP submission. See EME Homer City Generation, L.P. v. EPA,
696 F .3d 7 (D.C. Cir. 2012), cert. granted, 2013 U.S. Lexis 4801
(2013). On June 24, 2013, the Supreme Court granted the petitions of
the United States and others and agreed to review this D.C. Circuit
Court decision. However, at this time the D.C. Circuit Court decision
remains in place and unless it is reversed or otherwise modified by the
Supreme Court, states are not required to submit 110(a)(2)(D)(i)(I)
SIPs until EPA has quantified their obligations under that section. EPA
will address the portion of Delaware's May 29, 2013 SIP submittal
addressing section 110(a)(2)(D)(i)(I) in a separate action.
III. Proposed Action
EPA is proposing to approve Delaware's submittal that provides the
basic program elements specified in section 110(a)(2)(A), (B), (C),
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M),
necessary to implement, maintain, and enforce the 2010 SO2
NAAQS, with the exception of the part D, Title I nonattainment planning
requirements of section 110(a)(2)(I) and the portion of the submittal
relating to section 110(a)(2)(D)(i)(I) on which EPA will take separate
action. 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 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 rule, pertaining to Delaware's section
110(a)(2) infrastructure requirements for the 2010 SO2
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, Sulfur oxides,
Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 24, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2013-25063 Filed 10-23-13; 8:45 am]
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