[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Proposed Rules]
[Pages 39456-39458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16294]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0376; FRL-9696-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Section 110(a)(2) Infrastructure Requirements for the 2008 
Lead National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a submittal from the State of 
Delaware pursuant to the Clean Air Act (CAA). This submittal addresses 
the infrastructure elements of the CAA, necessary to implement, 
maintain, and enforce the 2008 lead national ambient air quality 
standards (NAAQS).

DATES: Written comments must be received on or before August 2, 2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2012-0376 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2012-0376, Donna Mastro, Acting Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2012-0376. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information

[[Page 39457]]

claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Do not submit 
information that you consider to be CBI or otherwise protected through 
www.regulations.gov or email. The www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., 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 in www.regulations.gov or 
in hard copy 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: Rose Quinto, (215) 814-2182, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On October 15, 2008, EPA revised the primary and secondary lead 
NAAQS from 1.5 micrograms per cubic meter ([mu]g/m\3\) to 0.15 [mu]g/
m\3\. Section 110(a) of the CAA requires states to submit SIPs that 
provide for the implementation, maintenance, and enforcement of new or 
revised NAAQS within three years following the promulgation of such 
NAAQS. Section 110(a) imposes the obligation upon states to make a SIP 
submission to EPA for a new or revised NAAQS. For the 2008 lead NAAQS, 
states typically have met many of the basic program elements required 
in section 110(a)(2) through earlier SIP submissions in connection with 
previous lead standards. Section 110(a)(2) lists specific elements that 
states must meet or continue to meet in these SIP submissions. The 
requirements include SIP infrastructure elements such as requirements 
for modeling, monitoring, and emissions inventories that are designed 
to assure attainment and maintenance of the NAAQS. Section 110(a)(2) 
infrastructure elements (A) through (M) are listed in EPA's memorandum 
from Stephen D. Page, Director, Office of Air Quality Planning and 
Standards to the Regional Air Directors, Regions 1--10, ``Guidance on 
Infrastructure State Implementation Plan (SIP) Elements Required Under 
Sections 110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National 
Ambient Air Quality Standards (NAAQS),'' October 14, 2011.

II. Summary of State Submittal

    On October 17, 2011, Delaware provided a submittal to satisfy 
section 110(a)(2) of the CAA requirements that are the subject of this 
proposed rule for the 2008 lead NAAQS. This submittal addressed the 
following infrastructure elements: Section 110(a)(2)(A), (B), (C), (D), 
(E), (F), (G), (H), (I), (J), (K), (L), and (M), or portions thereof.
    EPA has analyzed the above identified submissions and is proposing 
to make a determination that such submittals meet the requirements of 
section 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), 
(L), and (M) of the CAA, or portions thereof. A detailed summary of 
EPA's review of and rationale for approving Delaware's submittals may 
be found in the Technical Support Document (TSD) for this action which 
is available on line at www.regulations.gov, Docket number EPA-R03-OAR-
2012-0376.

III. Proposed Action

    EPA is proposing to approve Delaware's submittals that provide the 
basic program elements specified in the CAA section 110(a)(2)(A), (B), 
(C), (D), (E), (F), (G), (H), (I), (J), (K), (L), and (M), or portions 
thereof, necessary to implement, maintain, and enforce the 2008 lead 
NAAQS. EPA is soliciting public comments on the issues discussed in 
this document. These comments will be considered before taking final 
action.

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 proposes to approve 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 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 proposed rule, pertaining to Delaware's section 
110(a)(2) infrastructure requirements for the 2008 lead 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

[[Page 39458]]

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, lead, Reporting 
and recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: June 21, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-16294 Filed 7-2-12; 8:45 am]
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