[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Rules and Regulations]
[Pages 42557-42558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17867]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0289; FRL-9440-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Regional Haze State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving the Delaware Regional Haze Plan, a revision 
to the Delaware State Implementation Plan (SIP) addressing Clean Air 
Act (CAA) requirements and EPA's rules for states to prevent and remedy 
future and existing anthropogenic impairment of visibility in mandatory 
Class I areas through a regional haze program. EPA is also approving 
this revision since it meets the requirements of 110(a)(2)(D)(i)(II) 
and 110(a)(2)(J), relating to visibility protection for the 1997 8-Hour 
Ozone National Ambient Air Quality Standard (NAAQS) and the 1997 and 
2006 fine particulate matter (PM2.5) NAAQS.

DATES: Effective Date: This final rule is effective on August 18, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2011-0289. All documents in the docket are listed in 
the http://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 http://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: Jacqueline Lewis, (215) 814-2037, or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Throughout this document, whenever ``we,'' ``us,'' or ``our'' is 
used, we mean EPA. On May 13, 2011, (76 FR 27973) EPA published a 
notice of proposed rulemaking (NPR) for the State of Delaware. The NPR 
proposed approval of Delaware's regional haze plan for the first 
implementation period, through 2018. EPA proposed to approve this 
revision since it assures reasonable progress toward the national goal 
of achieving natural visibility conditions in Class I areas for the 
first implementation period. This revision also meets the requirements 
of 110(a)(2)(D)(i)(II) and 110(a)(2)(J), relating to visibility 
protection for the 1997 8-Hour Ozone NAAQS and the 1997 and 
PM2.5 NAAQS. An explanation of the CAA's visibility 
requirements and EPA regional haze rule as they apply to Delaware and 
EPA's rationale for approving this SIP revision was provided in the NPR 
and will not be restated here.

II. Summary of SIP Revision

    The revision includes a long term strategy with enforceable 
measures ensuring reasonable progress towards meeting the reasonable 
progress goals for the first planning period, through 2018. Delaware's 
Regional Haze Plan contains the emission reductions needed to achieve 
Delaware's share of emission reductions agreed upon through the 
regional planning process. Other specific requirements of the CAA and 
EPA's Regional Haze Rule and the rationale for EPA's proposed action 
are explained in the NPR and will not be restated here. No public 
comments were received on the NPR.

III. Final Action

    EPA is approving a revision to the Delaware State Implementation 
Plan submitted by the State of Delaware, through the Delaware 
Department of Natural Resources and Environmental Control, on September 
25, 2008, that addresses regional haze for the first implementation 
period. EPA is making a determination that the Delaware Regional Haze 
SIP contains the emission reductions needed to achieve Delaware's share 
of emission reductions agreed upon through the regional planning 
process. Furthermore, Delaware's Regional Haze Plan ensures that 
emissions from the State will not interfere with the reasonable 
progress goals for neighboring states' Class I areas. In addition, EPA 
is approving this revision because it meets the applicable visibility 
related requirements of the CAA section 110(a)(2) including, but not 
limited to 110(a)(2)(D)(i)(II) and 110(a)(2)(J), relating to visibility 
protection for the 1997 8-Hour Ozone NAAQS and the 1997 and 2006 
PM2.5 NAAQS.

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);

[[Page 42558]]

     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 September 19, 2011. 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 Delaware's Regional Haze Plan for the 
first implementation period, through 2018 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: June 27, 2011.
W.C. Early,
Acting, Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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 the 
entry for Regional Haze Plan at the end of the table to read as 
follows:


Sec.  52.420  Identification of plan.

* * * * *
    (e) * * *

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                                        Applicable          State
    Name of non-regulatory SIP         geographic or      submittal     EPA approval date        Additional
             revision               nonattainment area       date                                explanation
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                                                  * * * * * * *
Regional Haze Plan...............  Statewide...........      9/25/08  7/19/11 [Insert page  ....................
                                                                       number where the
                                                                       document begins].
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[FR Doc. 2011-17867 Filed 7-18-11; 8:45 am]
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