[Federal Register Volume 76, Number 182 (Tuesday, September 20, 2011)]
[Unknown Section]
[Pages 58120-58122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23984]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0770; FRL-9466-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Requirements for Preconstruction Review, Prevention of 
Significant Deterioration

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. The revision establishes and 
requires the addition of nitrogen oxides (NOX) as a 
precursor to ozone in the Delaware SIP. EPA is approving this revision 
to include NOX as a precursor to ozone in the requirements 
for preconstruction review for prevention of significant deterioration 
(PSD) areas in Delaware in accordance with the requirements of the 
Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on October 20, 
2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2010-0770. All documents in the docket are listed in 
the http://www.regulations.gov website. 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: Sharon McCauley, (215) 814-3376, 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 9, 2011 (76 FR 26679), EPA published a notice 
of proposed rulemaking (NPR) for the State of Delaware. The NPR 
proposed approval of NOX as a precursor to ozone in the 
requirements for preconstruction review for PSD areas in Delaware. The 
formal SIP revision was submitted by Delaware on April 1, 2010.

[[Page 58121]]

    This SIP revision approval will add the current regulations found 
in Regulation 1125, section 3.0, Requirements for Preconstruction 
Review, Prevention of Significant Deterioration (Regulation 1125, 
section 3.0) as of April 11, 2010 which established NOX as a 
precursor to ozone, but will keep intact the formally approved Delaware 
SIP increments for NOX found in the Federal Register notice 
for Delaware dated July 27, 1993 (58 FR 40065) for permitting and the 
construction of new major stationary sources and the significant 
modification of existing major stationary sources of air pollutants in 
areas designated attainment or non-classifiable for the National 
Ambient Air Quality Standards (NAAQS).

II. Summary of SIP Revision

    As required by 40 CFR part 51, Subpart I--``Review of New Sources 
and Modifications,'' this rule adopts criteria and procedures for the 
prevention of significant deterioration of air quality that are 
consistent with the governing Federal regulation at 40 CFR 51.166. 
Promulgation of this rule by the State Legislature was necessary for 
the State to fulfill its responsibilities under 40 CFR part 51 and the 
CAA, as amended. Revisions to the State's rule were also necessary to 
ensure that the SIP provides for the attainment and maintenance of the 
NAAQS. This SIP approval action addresses changes needed in the part C 
PSD permit program. This SIP submission also corrects deficiencies 
identified by EPA in the March 27, 2008 Federal Register action 
entitled, ``Completeness Findings for section 110(a) State 
Implementation Plans for the 8-hour Ozone National Ambient Air Quality 
Standards (1997 Ozone NAAQS)'' (73 FR 16205). EPA's approval of this 
SIP submission addresses Delaware's compliance with the portion of CAA 
section 110(a)(2)(C) & (J) relating to the CAA's part C permit program 
for the 1997 Ozone NAAQS, because this approval action will establish 
NOX as a precursor to ozone in Delaware's SIP in accordance 
with the Federal Register action dated November 29, 2005 (70 FR 71612) 
that finalized the NOx as a precursor for ozone regulations 
set forth at 40 CFR 51.166 and in 40 CFR 52.21. As such, this approval 
action will add NOx as a precursor to ozone in the Delaware 
SIP and Delaware will be in compliance with the portion of CAA section 
110(a)(2)(C) and (J) relating to the CAA's part C permit program for 
the 1997 ozone NAAQS.
    Other specific requirements of NOx as a precursor to 
ozone 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 the addition of nitrogen oxides (NOX) 
as a precursor to ozone for PSD as a revision to the Delaware SIP and 
is making a determination that Delaware is in compliance with the 
portion of CAA section 110(a)(2)(C) and (J) relating to the CAA's part 
C permit program for the 1997 ozone 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 November 21, 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 to add nitrogen oxides (NOX) as a 
precursor to ozone into the Delaware SIP 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.


[[Page 58122]]


    Dated: August 31, 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 (c) is amended by revising 
the entry for Regulation 1125, Section 3.0 to read as follows:


Sec.  52.420  Identification of plan.

* * * * *
    (c) * * *

                                                                                                                                      EPA-Approved Regulations in the Delaware SIP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
  State regulation  (7 DNREC                                                                                                                                                                                                                                                                             Additional
             1100)                Title/subject                                                                                                      State effective date                                                                                                     EPA approval date         explanation
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                                                                                                      * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                      1125 REQUIREMENTS FOR PRECONSTRUCTION REVIEW
 
 
                                                                                                                                                      * * * * * * *
Section 3.0...................  Prevention of      4/11/10................................................................................................................................................................................................................  9/20/11 [Insert page   Modified to include
                                 Significant                                                                                                                                                                                                                                 number where the       NOX as precursor to
                                 Deterioration of                                                                                                                                                                                                                            document begins].      ozone. Previous SIP-
                                 Air Quality.                                                                                                                                                                                                                                                       approved revisions
                                                                                                                                                                                                                                                                                                    to Section 3.1 for
                                                                                                                                                                                                                                                                                                    nitrogen dioxide
                                                                                                                                                                                                                                                                                                    increments and
                                                                                                                                                                                                                                                                                                    Section 3.9A (now
                                                                                                                                                                                                                                                                                                    designated as
                                                                                                                                                                                                                                                                                                    Section 3.10.1) for
                                                                                                                                                                                                                                                                                                    air quality models
                                                                                                                                                                                                                                                                                                    remain part of the
                                                                                                                                                                                                                                                                                                    SIP.
 
 
                                                                                                                                                      * * * * * * *
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[FR Doc. 2011-23984 Filed 9-19-11; 8:45 am]
BILLING CODE 6560-50-P