[Federal Register Volume 82, Number 104 (Thursday, June 1, 2017)]
[Proposed Rules]
[Pages 25211-25213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11085]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2017-0152; FRL-9962-45-Region 3]
Air Plan Approval; Delaware; Infrastructure Requirements for the
2012 Fine Particulate Matter Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve
[[Page 25212]]
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 proposes to approve portions of
this submittal pursuant to section 110 of the CAA. EPA is not proposing
any action on the portion of the submittal which addresses interstate
transport of emissions and intends to take later separate action on
this portion.
DATES: Written comments must be received on or before July 3, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0152 at http://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814-2042, or by
email at [email protected].
SUPPLEMENTARY INFORMATION: On December 14, 2015, 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 2012
PM2.5 NAAQS.
I. Background
On July 18, 1997, EPA promulgated a new 24-hour and a new annual
NAAQS for PM2.5 (62 FR 38652). On October 17, 2006, EPA
revised the NAAQS for PM2.5, tightening the 24-hour
PM2.5 standard from 65 micrograms per cubic meter ([mu]g/
m\3\) to 35 [mu]g/m\3\, and retaining the annual PM2.5 NAAQS
at 15 [mu]g/m\3\ (71 FR 61144). Subsequently, on December 14, 2012, EPA
revised the level of the health based (primary) annual PM2.5
NAAQS to 12 [mu]g/m\3\. See 78 FR 3086 (January 15, 2013).\1\
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\1\ In EPA's 2012 PM2.5 NAAQS revision, EPA left
unchanged the existing welfare (secondary) standards for
PM2.5 to address particulate matter (PM) related effects
such as visibility impairment, ecological effects, damage to
materials and climate impacts. This includes a secondary annual
standard of 15 [mu]g/m\3\ and a 24-hour standard of 35 [mu]g/m\3\.
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Pursuant to section 110(a)(1) of the CAA, states are required to
submit a SIP revision to address 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 to assure
attainment and maintenance of the NAAQS--such as requirements for
monitoring, basic program requirements, and legal authority. Section
110(a) imposes the obligation upon states to make a SIP submission to
EPA for a new or revised NAAQS, but the contents of that submission may
vary depending upon the facts and circumstances of each NAAQS and what
is in each state's existing SIP. In particular, the data and analytical
tools available at the time the state develops and submits the SIP
revision for a new or revised NAAQS affect the content of the
submission. The content of such SIP submission may also vary depending
upon what provisions the state's existing SIP already contains.
Specifically, section 110(a)(1) provides the procedural and timing
requirements for SIP submissions. Section 110(a)(2) lists specific
elements that states must meet for infrastructure SIP requirements
related to a newly established or revised NAAQS 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 SIP Revision and EPA Analysis
On December 14, 2015, EPA received a SIP revision submittal from
DNREC in order to satisfy the requirements of section 110(a)(2) of the
CAA for the 2012 PM2.5 NAAQS. EPA reviewed the submittal and
determined that it addressed the following infrastructure elements:
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 Technical Support Document (TSD) for this rulemaking
action, which is available on line at www.regulations.gov, Docket ID
Number EPA-R03-OAR-2017-0152. This rulemaking action does not include
any proposed action on section 110(a)(2)(I) of the CAA which pertains
to the nonattainment 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.
Although Delaware's December 14, 2015 SIP submission contained
provisions to address section 110(a)(2)(D)(i)(I) of the CAA, EPA is not
proposing any action on the portion of the December 14, 2015 submittal
which addresses 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 December 14, 2015 submittal. EPA is
soliciting public comments on the issues discussed in this document.
These comments will be considered before taking final action.
III. Proposed Action
EPA is proposing to approve the portions of Delaware's December 14,
2015 SIP revision which address for 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 December 14, 2015 SIP revision addressing 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 separate action, at a future date, on the portion of the
December 14, 2015 SIP revision addressing section 110(a)(2)(D)(i)(I)
(interstate transport of
[[Page 25213]]
emissions) for the 2012 PM2.5 NAAQS. This proposed
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.
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 approves 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 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 proposed rule to approve portions of Delaware's
December 14, 2015 SIP for section 110(a)(2) infrastructure requirements
for the 2012 PM2.5 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, Incorporation by
reference, Particulate matter, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 26, 2017.
John A. Armstead,
Acting Regional Administrator, Region III.
[FR Doc. 2017-11085 Filed 5-31-17; 8:45 am]
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