[Federal Register Volume 59, Number 66 (Wednesday, April 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8248]


[[Page Unknown]]

[Federal Register: April 6, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[DE8-1-5678; A-1-FRL-4840-5]

 

Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Particulate Matter (PM-10): Group III Areas State 
Implementation Plan

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. This revision establishes and 
requires the implementation of primary and secondary particulate matter 
standards consistent with the national ambient air quality standards 
(NAAQS) for particulate matter (PM-10). The intended effect of this 
action is to approve four (4) regulations, amended by Delaware in order 
to conform with the requirements established for Group III areas for 
PM-10. This action is being taken under Section 110 of the Clean Air 
Act.

EFFECTIVE DATE: This action will become effective June 6, 1994 unless 
notice is received by May 6, 1994 that adverse or critical comments 
will be submitted. If the effective date is delayed, timely notice will 
be published in the Federal Register.

ADDRESSES: Comments may be mailed to Thomas J. Maslany, Director, Air, 
Radiation, and Toxics Division, U.S. Environmental Protection Agency, 
Region III, 841 Chestnut Building, Philadelphia, PA 19107. Copies of 
the documents relevant to this action are available for public 
inspection during normal business hours at the Air, Radiation, and 
Toxics Division, U.S. Environmental Protection Agency, Region III, 841 
Chestnut Building, Philadelphia, PA 19107; Jerry Kurtzweg ANR-443, U.S. 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460; and Delaware Department of Natural Resources and Environmental 
Control, 89 Kings Highway, Dover, Delaware 19903.

FOR FURTHER INFORMATION CONTACT: David J. Campbell, Air and Radiation 
Programs Branch, Environmental Protection Agency, Region III, 841 
Chestnut Building, Philadelphia, PA 19107; 215 597-9781.

SUPPLEMENTARY INFORMATION: On April 26, 1988, the Delaware Department 
of Natural Resources and Environmental Control submitted a revision to 
the Delaware State implementation plan (SIP) to achieve and maintain 
the national ambient air quality standards (NAAQS) for particulate 
matter (PM-10). The revision consists of: (1) Regulation 1--
``Definitions and Administrative Principles''; (2) Regulation 3--
``Ambient Air Quality Standards''; (3) Regulation 15--``Air Pollution 
Alert and Emergency Plan''; and (4) Regulation 25--``Requirements for 
Preconstruction Review''.
    The April 26, 1988 submittal also contained revised cutpoints for 
the motor vehicle exhaust emissions testing program in Delaware and a 
newly-adopted volatile organic compound (VOC) control regulation for 
equipment leaks at synthetic organic chemical manufacturing industry 
(SOCMI) facilities. The former was addressed under a separate 
rulemaking at 55 FR 3402. The latter is also being addressed under a 
separate rulemaking. This notice will address only that portion of the 
State of Delaware's April 26, 1988 submittal pertaining to PM-10.
    The April 26, 1988 submittal is consistent with the SIP revision 
requirements for PM-10 Group III areas as detailed in the July 1, 1987 
Federal Register notice (52 FR 24672). The amended Delaware regulations 
are consistent with the NAAQS for PM-10, and specify:
     PM-10 as an indicator of particulate matter.
     exceedance levels.
     reference methods for measurement of PM-10.
     emergency episode plan revisions to include PM-10.
     Prevention of Significant Deterioration (PSD) regulation 
standards for both PM-10 and Total Suspended Particulate (TSP), with 
standards for emission rates and significant monitoring concentrations.

Summary of SIP Revision

    On July 1, 1987, EPA promulgated national ambient air quality 
standards (NAAQS) for particulate matter with an aerodynamic diameter 
less than or equal to a nominal 10 micrometers (PM-10) (52 FR 24634). 
The PM-10 standards replace the total suspended particulate (TSP) 
standards promulgated by EPA in 1971. Also on July 1, 1987, EPA 
promulgated changes to the policies and regulations by which it will 
implement the NAAQS for PM-10 in 40 CFR parts 51 and 52 (52 FR 24672).
    Using the classification criteria established at 52 FR 24672, EPA 
has preliminarily designated areas within each State as Group I, II, or 
III based upon an area's probability of attaining the PM-10 standard. 
The July 1, 1987 Federal Register notice requires State implementation 
plan (SIP) revisions for all classified Group I, II, and III areas and 
indicates the SIP revision requirements for each classification.
    On August 7, 1987, the State of Delaware was classified at 52 FR 
29383 as follows:
Group III--The entire State of Delaware.
    The Clean Air Act as amended (1990 Amendments) did not affect the 
requirements established for Group III areas. The July 1, 1987 Federal 
Register requires States to seek approval of SIP revisions as required 
under the preconstruction review program and to codify other minor 
regulatory changes as needed. It is presumed that the existing Delaware 
SIP is adequate to demonstrate attainment and maintenance of the NAAQS 
for PM-10 in all Group III areas in the State. On April 26, 1988, the 
State of Delaware responded to the July, 1, 1987 Federal Register by 
submitting four (4) regulations amended to reflect the revised 
particulate matter standards as a SIP revision. This SIP revision 
addresses Group III areas only.

EPA Evaluation

    EPA has evaluated Delaware's SIP revision request and concluded the 
following: (1) The amended regulations conform with the revised primary 
and secondary NAAQS for PM-10; (2) the amended regulations are clearly 
enforceable; and (3) the applicable requirements of 40 CFR part 51 have 
been met. A more detailed evaluation is provided in the Technical 
Support Document available upon request from the Regional EPA office 
listed in the ADDRESSES section of this notice.
    EPA is approving this SIP revision without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. These revisions to Delaware's regulations have 
been effective in the State since March 29, 1988. This action will be 
effective June 6, 1994 unless, by May 6, 1994, notice is received that 
adverse or critical comments will be submitted. If such notice is 
received, this action will be withdrawn before the effective date by 
simultaneously publishing two subsequent notices. One notice will 
withdraw the final action and another will begin a new rulemaking by 
announcing a proposal of the action and establishing a comment period. 
If no such comments are received, the public is advised that this 
action will be effective on June 6, 1994.

Final Action

    EPA is approving the four (4) regulations submitted by the Delaware 
Department of Natural Resources and Environmental Control as a revision 
to the Delaware SIP. EPA's review of this material indicates that it 
conforms to the requirements of 40 CFR parts 51 and 52, and to the July 
1, 1987 promulgation of NAAQS for PM-10 in the Federal Register.
    The Agency has reviewed this request for revision of the Federally-
approved State implementation plan for conformance with the provisions 
of the 1990 Amendments enacted on November 15, 1990. The Agency has 
determined that this action conforms with those requirements 
irrespective of the fact that the submittal preceded the date of 
enactment.
    Nothing in this action shall be construed as permitting or allowing 
or establishing a precedent for any future request for revision to any 
State implementation plan. Each request for revision to the State 
implementation plan shall be considered separately in light of specific 
technical, economic, and environmental factors and in relation to 
relevant statutory and regulatory requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP approval does not impose any new requirements, the 
Administrator certifies that it does not have a significant impact on 
any small entities affected. Moreover, due to the nature of the 
Federal-State relationship under the Clean Air Act, preparation of a 
flexibility analysis would constitute Federal inquiry into the economic 
reasonableness of State action. The Clean Air Act forbids EPA to base 
its actions concerning SIP's on such grounds. Union Electric Co. v. 
U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
    This SIP revision establishing revised particulate matter standards 
in Delaware has been classified as a Table 3 action for signature by 
the Acting Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by 
an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant 
Administrator for Air and Radiation. On January 6, 1989, the Office of 
Management and Budget (OMB) waived Table 2 and Table 3 SIP revisions 
from the requirements of section 3 of Executive Order 12291 for a 
period of two years. EPA has submitted a request for a permanent waiver 
for Table 2 and 3 SIP revisions. OMB has agreed to continue the waiver 
until such time as it rules on EPA's request. This request is still 
applicable under Executive Order 12866, which superseded Executive 
Order 12291 on September 30, 1993.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by June 6, 1994. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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 may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2) of the Clean Air 
Act.)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: February 9, 1994.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart I--Delaware

    2. Section 52.420 is amended by adding paragraph (c)(47) to read as 
follows:


Sec. 52.420  Identification of plan.

* * * * *
    (c) * * *
    (47) Revisions to the Delaware regulations for particulate matter 
(PM-10) submitted on April 26, 1988 by the Delaware Department of 
Natural Resources and Environmental Control:
    (i) Incorporation by reference. (A) Letter of April 26, 1988 from 
the Department of Natural Resources and Environmental Control 
transmitting a revision to the Delaware State implementation plan for 
particulate matter (PM-10) Group III areas.
    (B) Revisions via Order No. 88-A-5, exhibit A, and Table 1. The 
Order amends the following Delaware Regulations Governing the Control 
of Air Pollution: Regulation 1--``Definitions and Administrative 
Principles''; Regulation 3--``Ambient Air Quality Standards''; 
Regulation 15--``Air Pollution Alert and Emergency Plan''; and 
Regulation 25--``Requirements for Preconstruction Review''. The 
revisions were adopted on March 29, 1988 and became effective 
immediately.
    (ii) Additional materials.
    (A) Remainder of the State implementation plan revision submitted 
by the Delaware Department of Natural Resources and Environmental 
Control on April 26, 1988.

[FR Doc. 94-8248 Filed 4-5-94; 8:45 am]
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