[Federal Register Volume 76, Number 167 (Monday, August 29, 2011)]
[Rules and Regulations]
[Pages 53638-53640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21935]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-1027; FRL-9457-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Infrastructure State Implementation Plan Requirement To 
Address Interstate Transport for the 2006 24-Hour PM2.5 NAAQS

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 on September 16, 2009, as 
supplemented on April 27, 2011. The revision satisfies the Clean Air 
Act (CAA) infrastructure requirement that each State's plan contain 
adequate provisions prohibiting its emissions from contributing 
significantly to nonattainment in, or interfering with maintenance by, 
any other state with respect to the 2006 24-hour fine particulate 
matter (PM2.5) national ambient air quality standards 
(NAAQS). EPA is approving this revision in accordance with the 
requirements of the CAA.

DATES: Effective Date: This final rule is effective on September 28, 
2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2010-1027. 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: Marilyn Powers, (215) 814-2308, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On January 18, 2011 (76 FR 2853), EPA published a notice of 
proposed rulemaking (NPR) for the State of Delaware. The NPR proposed 
approval, and in the alternative, proposed disapproval of Delaware's 
infrastructure SIP submittal intended to address significant 
contribution to nonattainment or interference with maintenance in 
another state with respect to the 2006 PM2.5 NAAQS, as 
required by section 110(a)(2)(D)(i)(I) of the CAA. The formal SIP 
revision was submitted by the Delaware Department of Natural Resources 
and Environmental Control (DNREC) on September 16, 2009. As discussed 
in EPA's January 18, 2011 NPR (76 FR 2853), DNREC supplemented its 
September 16, 2009 submittal with a technical analysis submitted to EPA 
for parallel-processing on December 9, 2010. Since the time of EPA's 
January 18, 2011 NPR, DNREC took the supplemental technical analysis, 
for which it has requested parallel-processing, through the public 
notice and hearing procedures required for SIP revisions by section 110 
of the CAA. On April 27, 2011, DNREC submitted the technical analysis 
to EPA as a formal supplement to its September 16, 2009 submittal. The 
technical analysis submitted on April 27, 2011 is exactly the same as 
the technical analysis for which DNREC requested parallel-processing on 
December 9, 2010, and which was included in the rulemaking docket (EPA-
R03-OAR-2010-1027) for EPA's January 18, 2011 NPR (76 FR 2853).
    This final action addresses only those portions of Delaware's 
September 16, 2009 submittal that address the 110(a)(2)(D)(i)(I) 
requirements relating to significant contribution to nonattainment or 
interference with maintenance in another state with respect to the 2006 
PM2.5 NAAQS. EPA has taken separate action on certain other 
portions of Delaware's September 16, 2009 submittal. (See Docket ID No. 
EPA-R03-OAR-2010-0158.)

II. EPA's Evaluation of the SIP Revision

    In the January 18, 2011 NPR (76 FR 2853), EPA proposed to approve, 
and in the alternative, proposed to disapprove Delaware's SIP revision 
to address significant contribution to nonattainment or interference 
with maintenance in another state with respect to the 2006 
PM2.5 NAAQS. The NPR explained that if in the course of 
reviewing and preparing responses to the comments submitted on the 
proposed ``Federal Implementation Plans to Reduce Interstate Transport 
of Fine Particulate Matter and Ozone'' (75 FR 45210, August 2, 2010, 
also known as the Transport Rule), EPA's additional modeling and the 
adjustments made to its technical analyses indicate that the State of 
Delaware should not be subject to or covered by the final Transport 
Rule, EPA would take final action to approve DNREC's SIP. 
Alternatively, if in the course of reviewing and preparing responses to 
the comments submitted on the proposed Transport Rule, EPA's additional 
modeling and the adjustments made to its technical analyses indicate 
that the State of Delaware should be subject to and covered by the 
final Transport Rule, EPA would to take final action to disapprove 
Delaware's SIP revision for infrastructure element 110(a)(2)(D)(i)(I) 
for the 2006 PM2.5 NAAQS. The full explanation and rationale 
for EPA's proposed action is discussed in the NPR and will not be 
restated here.
    On July 6, 2011, EPA promulgated the Transport Rule, now referred 
to as the ``Cross-State Air Pollution Rule'' (CSAPR). EPA's review of 
the comments submitted on the proposed Transport Rule and the 
additional modeling and adjustments made to the technical analyses for 
the final CSAPR indicate that the State of Delaware is meeting its 
obligations to address the requirements of CAA section 
110(a)(2)(D)(i)(I). EPA has, therefore, determined that Delaware is not 
subject to or covered by the CSAPR. For additional information on the 
final CSAPR, including the technical support documents and the 
rationale for EPA's final determination that Delaware does not 
significantly contribute to any other state's ability to attain or 
maintain the 2006 PM2.5 NAAQS, please see Docket ID No. EPA-
HQ-OAR-2009-0491 for the Federal Implementation

[[Page 53639]]

Plan to Reduce Interstate Transport of Fine Particulate Matter and 
Ozone.

III. Final Action

    EPA is approving Delaware's September 16, 2009 SIP revision as 
supplemented on April 27, 2011. This SIP revision satisfies the CAA 
infrastructure requirement that each SIP contain adequate provisions 
prohibiting emissions within the State from contributing significantly 
to nonattainment in, or interfere with maintenance by, any other state 
with respect to the 2006 24-hour fine particulate matter 
(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);
     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 October 28, 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 approving Delaware's infrastructure SIP to address 
the requirements of CAA section 110(a)(2)(D)(i)(I) for the 2006 
PM2.5 NAAQS may not 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.

    Dated: August 11, 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 Infrastructure element 110(a)(2)(D)(i)(I) related to 
interstate transport at the end of the table to read as follows:


Sec.  52.420  Identification of plan.

* * * * *
    (e) * * *

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    Name of  non-regulatory SIP         Applicable geographic or
              revision                     nonattainment area             State submittal date          EPA approval date      Additional  explanation
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                                                                      * * * * * * *
Infrastructure element               Statewide.....................  9/16/09; 4/27/11..............  8/29/11 [Insert page
 110(a)(2)(D)(i)(I) related to                                                                        number where the
 interstate transport.                                                                                document begins].
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[[Page 53640]]

[FR Doc. 2011-21935 Filed 8-26-11; 8:45 am]
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