[Federal Register Volume 79, Number 14 (Wednesday, January 22, 2014)]
[Rules and Regulations]
[Pages 3506-3507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01066]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0492; FRL-9905-63-Region-3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by 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. The State of Delaware 
has made a submittal addressing the infrastructure requirements for the 
2010 sulfur dioxide (SO2) NAAQS.

DATES: This final rule is effective on February 21, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2013-0492. All documents in the docket are listed in 
the 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 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: Rose Quinto, (215) 814-2182, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Summary of SIP Revision

    On October 24, 2013 (78 FR 63437), EPA published a notice of 
proposed rulemaking (NPR) for the State of Delaware proposing approval 
of Delaware's May 29, 2013 SIP submittal to satisfy several 
requirements of section 110(a)(2) of the CAA for the 2010 
SO2 NAAQS. In the NPR, EPA proposed approval of the 
following infrastructure elements: Sections 110(a)(2)(A), (B), (C), 
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). The 
NPR does not include section 110(a)(2)(I), which pertains to the 
nonattainment planning requirements of part D, Title I of the CAA, 
since this element is not required to be submitted by the 3-year 
submission deadline of section 110(a)(1), and will be addressed in a 
separate process. The NPR also did not address section 
110(a)(2)(D)(i)(I) of the CAA. In accordance with the EME Homer City 
decision from the United States Court of Appeals for the District of 
Columbia Circuit, EPA at this time is not treating the 
110(a)(2)(D)(i)(I) SIP submission from Delaware as a required SIP 
submission.
    See EME Homer City Generation, LP v. EPA, 696 F.3d 7 (D.C. Cir. 
2012), cert. granted, 2013 U.S. LEXIS 4801 (2013). Unless the EME Homer 
City decision is reversed or otherwise modified by the Supreme Court, 
states such as Delaware are not required to submit section 
110(a)(2)(D)(i)(I) SIPs until EPA has quantified their obligations 
under that section. Therefore, EPA will address the portion of 
Delaware's May 29, 2013 SIP submittal addressing section 
110(a)(2)(D)(i)(I) in a separate action.
    The rationale supporting EPA's proposed action, including the scope 
of infrastructure SIPs in general, is explained in the NPR and the 
technical support document (TSD) accompanying the NPR and will not be 
restated here. The TSD is available online at www.regulations.gov, 
Docket ID Number EPA-R03-OAR-2013-0492.

II. Final Action

    EPA is approving as a revision to the Delaware SIP, Delaware's 
submittal which provides the basic program elements specified in 
sections 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), 
(H), (J), (K), (L), and (M) of the CAA, necessary to implement, 
maintain, and enforce the 2010 SO2 NAAQS. This rulemaking 
action does not include approval of Delaware's submittal for sections 
110(a)(2)(I) and 110(a)(2)(D)(i)(I), which EPA will address in separate 
actions.

III. 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).

[[Page 3507]]

    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 March 24, 2014. 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 section 110(a)(2) 
infrastructure elements for the 2010 SO2 NAAQS 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, Sulfur dioxide, Reporting and recordkeeping requirements.

    Dated: December 23, 2013.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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 an 
entry for Section 110(a)(2) Infrastructure Requirements for the 2010 
SO2 NAAQS at the end of the table to read as follows:


Sec.  52.420  Identification of plan.

* * * * *
    (e) * * *

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                                                               State
   Name of non-regulatory SIP     Applicable  geographic     submittal     EPA approval date      Additional
            revision                        area               date                               explanation
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                                                  * * * * * * *
Section 110(a)(2) Infrastructure  Statewide.............         5/29/13  1/22/14 [Insert     This rulemaking
 Requirements for the 2010 SO2                                             Federal Register    action addresses
 NAAQS.                                                                    page number where   the following CAA
                                                                           the document        elements:
                                                                           begins and date].   110(a)(2)(A),
                                                                                               (B), (C),
                                                                                               (D)(i)(II),
                                                                                               (D)(ii), (E),
                                                                                               (F), (G), (H),
                                                                                               (J), (K), (L),
                                                                                               and (M).
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[FR Doc. 2014-01066 Filed 1-21-14; 8:45 am]
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