[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Rules and Regulations]
[Pages 44318-44320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20163]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2017-0152; FRL-9967-99-Region 3]
Air Plan Approval; Delaware; Infrastructure Requirements for the
2012 Fine Particulate Matter Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of a state implementation plan (SIP) revision 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 made a SIP submittal to address the
infrastructure requirements for the 2012 fine particulate matter
(PM2.5) NAAQS. This action approves portions of this
submittal pursuant to section 110 of the CAA. EPA is not taking any
action on the portion of the submittal that addresses interstate
transport of emissions and intends to take separate action later.
DATES: This final rule is effective on October 23, 2017.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2017-0152. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., 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 through
http://www.regulations.gov, or please contact the person identified in
the For Further Information Contact section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814-2042, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On June 1, 2017 (82 FR 25211), EPA published a notice of proposed
rulemaking (NPR) for the State of Delaware. In the NPR, EPA proposed
approval of portions of Delaware's December 14, 2015 SIP revision which
address for the 2012 PM2.5 NAAQS the following
infrastructure elements of section 110(a)(2) of the CAA: (A), (B), (C),
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). EPA
will take separate action, at a future date, on the remaining portion
of the December 14, 2015 SIP revision that addresses requirements in
section 110(a)(2)(D)(i)(I) (interstate transport of emissions) for the
2012 PM2.5 NAAQS. Additionally, the proposed rulemaking
action did not include action on section 110(a)(2)(I) of the CAA 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 if necessary.
Because the technical support document (TSD) was erroneously
omitted from the docket for this rulemaking at the time EPA published
the NPR on June 1, 2017 (82 FR 25211), EPA published a supplemental
notice of proposed rulemaking (SNPR) extending the comment period on
June 22, 2017 to allow further opportunity for public comment on our
proposed approval of portions of Delaware's December 14, 2015 SIP
revision addressing infrastructure requirements for the 2012
PM2.5 NAAQS. 82 FR 28432.
II. Summary of SIP Revision and EPA Analysis
EPA reviewed the December 14, 2015 SIP submittal from Delaware and
determined that it addressed for the 2012 PM2.5 NAAQS the
following infrastructure elements in section 110(a)(2): (A), (B), (C),
(D)(i)(I), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M) of the CAA. A detailed summary of EPA's review and rationale for
approving Delaware's submittal may be found in the TSD for this
rulemaking action, which is available online at http://www.regulations.gov, Docket ID Number EPA-R03-OAR-2017-0152.
Although Delaware's December 14, 2015 SIP submission also contained
provisions to address section 110(a)(2)(D)(i)(I) of the CAA, EPA did
not propose any action on the portion of the submittal pertaining to
section 110(a)(2)(D)(i)(I) regarding the interstate transport of
emissions. EPA intends to take later separate action on this portion of
Delaware's submittal.
Other specific requirements of Delaware's submittal for the 2012
PM2.5 NAAQS infrastructure requirements and the rationale
for EPA's proposed action are explained in the NPR and will not be
restated here. EPA received one comment which is addressed below.
III. Public Comment and EPA's Response
EPA received a comment in response to the June 1, 2017 NPR. The
commenter noted that the TSD was not available online and requested a
restart of the comment period. Additionally, the commenter expressed
support for EPA and concerns about the removal of environmental
regulations.
Response: On June 22, 2017, EPA made the TSD available online at
http://www.regulations.gov, Docket ID Number EPA-R03-OAR-2017-0152. In
our June 22, 2017 SNPR, EPA subsequently extended the comment period.
82 FR 28432. While EPA appreciates the supportive comments and
expression of concern for environmental regulations in general, these
comments are not germane to this rulemaking and do not identify any
specific actions or provisions that EPA should address differently.
Therefore, EPA does not provide further response.
IV. Final Action
EPA is approving portions of Delaware's December 14, 2015 SIP
revision that address the following elements of section 110(a)(2) of
the CAA for the 2012 PM2.5 NAAQS: (A), (B), (C), (D)(i)(II),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). Delaware's SIP
revision
[[Page 44319]]
addressing section 110(a)(2)(A-C), (D)(i)(II) and (D)(ii), (E-H), and
(J-M) provides the basic program elements specified in section
110(a)(2) of the CAA necessary to implement, maintain, and enforce the
2012 PM2.5 NAAQS. EPA will take later separate action on the
portion of the SIP revision addressing section 110(a)(2)(D)(i)(I)
(interstate transport of emissions) for the 2012 PM2.5
NAAQS. This final rulemaking action does not include action on section
110(a)(2)(I) of the CAA 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 if
necessary.
V. 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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 November 21, 2017. 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 to approve portions of Delaware's December 14, 2015
SIP revision for section 110(a)(2) infrastructure requirements for the
2012 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, Particulate matter, Reporting and recordkeeping
requirements.
Dated: September 8, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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 an
entry for ``Section 110(a)(2) Infrastructure Requirements for the 2012
PM2.5 NAAQS'' after the entry ``Infrastructure element
110(a)(2)(D)(i)(I) related to interstate transport.'' The added text
reads as follows:
Sec. 52.420 Identification of plan.
* * * * *
(e) * * *
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Name of non-regulatory SIP Applicable State Additional
revision geographic area submittal date EPA approval date explanation
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* * * * * * *
Section 110(a)(2) Infrastructure Statewide.......... 12/14/2015 9/22/2017, [Insert This action
Requirements for the 2012 PM2.5 Federal Register addresses the
NAAQS. citation]. following CAA
elements:
110(a)(2)(A), (B),
(C), (D)(i)(II),
(D)(ii), (E), (F),
(G), (H), (J),
(K), (L), and (M).
[[Page 44320]]
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[FR Doc. 2017-20163 Filed 9-21-17; 8:45 am]
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