[Federal Register Volume 78, Number 157 (Wednesday, August 14, 2013)]
[Proposed Rules]
[Pages 49409-49411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19751]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0392; FRL-9900-06-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Infrastructure Requirements for the 2010 Nitrogen Dioxide 
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
submittal from the State of Delaware pursuant to the Clean Air Act 
(CAA). Whenever new or revised national ambient air quality standards 
(NAAQS) are promulgated, the CAA requires states to submit a plan for 
the implementation, maintenance, and enforcement of such NAAQS. The 
plan is required to address basic program elements including, but not 
limited to regulatory structure, monitoring, modeling, legal authority, 
and adequate resources necessary to assure attainment and maintenance 
of the standards. These elements are referred to as infrastructure 
requirements. Delaware has made a submittal addressing the 
infrastructure requirements for the 2010 nitrogen dioxide 
(NO2) NAAQS.

DATES: Written comments must be received on or before September 13, 
2013.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2013-0392 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].

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    C. Mail: EPA-R03-OAR-2013-0392, Cristina Fernandez, 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-
2013-0392. 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 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 February 9, 2010 (75 FR 6474), EPA established a new 1-hour 
primary NAAQS for NO2 at a level of 100 parts per billion 
(ppb), based on a 3-year average of the 98th percentile of the yearly 
distribution of 1-hour daily maximum concentrations.
    Section 110(a) of the CAA requires states to submit state 
implementation plans (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) of the CAA 
imposes the obligation upon states to make a SIP submission to EPA for 
a new or revised NAAQS. For the 2010 NO2 NAAQS, states have 
already put in place many of the basic program elements required in 
section 110(a)(2) of the CAA through prior SIP revisions under previous 
NO2 NAAQS. Section 110(a)(2) of the CAA lists specific 
elements that states must demonstrate have been met in the SIP. 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.
    Two elements identified in section 110(a)(2) are not governed by 
the three year submission deadline of section 110(a)(1) because SIPs 
incorporating necessary local nonattainment area controls are not due 
within three years after promulgation of a new or revised NAAQS, but 
rather are due at the time the nonattainment area plan requirements are 
due pursuant to other provisions of the CAA for submission of SIP 
revisions specifically applicable for attainment planning purposes. 
These requirements are: (1) Submissions required by section 
110(a)(2)(C) to the extent that subsection refers to a permit program 
as required in part D Title I of the CAA; and (2) submissions required 
by section 110(a)(2)(I) that pertain to the nonattainment planning 
requirements of part D, Title I of the CAA. This proposed rulemaking 
action does not address infrastructure elements related to section 
110(a)(2)(I) or the nonattainment planning requirements of 
110(a)(2)(C).

II. Summary of State Submittal

    On March 27, 2013, Delaware provided a SIP submittal to satisfy CAA 
section 110(a)(2) requirements, that is the subject of this proposed 
rulemaking, for the 2010 NO2 NAAQS. This submittal addressed 
the following infrastructure elements: Section 110(a)(2)(A), (B), (C), 
(D), (E), (F), (G), (H), (J), (K), (L), and (M).
    EPA has analyzed the above identified SIP submission and is 
proposing to make a determination that this submittal meets the 
requirements of section 110(a)(2)(A), (B), (C), (D), (E), (F), (G), 
(H), (J), (K), (L), and (M) of the CAA. A detailed summary of EPA's 
review and rationale for approving Delaware's SIP submittal 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-
2013-0392.

III. Proposed Action

    EPA is proposing to approve Delaware's SIP submittal that provides 
the basic program elements specified in CAA section 110(a)(2)(A), (B), 
(C), (D), (E), (F), (G), (H), (J), (K), (L), and (M) necessary to 
implement, maintain, and enforce the 2010 NO2 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

[[Page 49411]]

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).
    This proposed rule, pertaining to Delaware's CAA section 110(a)(2) 
infrastructure requirements for the 2010 NO2 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 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, Incorporation by 
reference, Nitrogen dioxide, Reporting and recordkeeping requirements.

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

    Dated: July 31, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2013-19751 Filed 8-13-13; 8:45 am]
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