[Federal Register Volume 79, Number 86 (Monday, May 5, 2014)]
[Rules and Regulations]
[Pages 25506-25508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10111]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0005; FRL-9910-33-Region 3]


Approval and Promulgation of Implementation Plans; Delaware; 
Regional Haze Five-Year Progress Report State Implementation Plan

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 
through the Delaware Department of Natural Resources and Environmental 
Control (DNREC). Delaware's SIP revision addresses requirements of the 
Clean Air Act (CAA) and EPA's rules that require states to submit 
periodic reports describing progress towards reasonable progress goals 
(RPGs) established for regional haze and a determination of the 
adequacy of the state's existing implementation plan addressing 
regional haze (regional haze SIP). EPA is approving Delaware's SIP 
revision on the basis that it addresses the progress report and 
adequacy determination requirements for the first implementation period 
for regional haze.

DATES: This final rule is effective on June 4, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0005. 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: Irene Shandruk, (215) 814-2166, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On February 25, 2014 (79 FR 10442), EPA published a notice of 
proposed rulemaking (NPR) for the State of Delaware. In the NPR, EPA 
proposed approval of Delaware's progress report SIP, a report on 
progress made in the first implementation period towards RPGs for the 
Class I area outside the State that is affected by emissions from

[[Page 25507]]

Delaware's sources. This progress report SIP and accompanying cover 
letter also included a determination that Delaware's existing regional 
haze SIP requires no substantive revision to achieve the established 
regional haze visibility improvement and emissions reduction goals for 
2018.
    States are required to submit a progress report in the form of a 
SIP revision every five years that evaluates progress towards the RPGs 
for each mandatory Class I Federal area within the state and in each 
mandatory Class I Federal area outside the state which may be affected 
by emissions from within the state. See 40 CFR 51.308(g). In addition, 
the provisions under 40 CFR 51.308(h) require states to submit, at the 
same time as the 40 CFR 51.308(g) progress report, a determination of 
the adequacy of the state's existing regional haze SIP. The first 
progress report SIP is due five years after submittal of the initial 
regional haze SIP. On September 25, 2008, Delaware DNREC submitted the 
State's first regional haze SIP in accordance with 40 CFR 51.308(b).\1\ 
The progress report SIP revision was submitted by Delaware on September 
24, 2013, and EPA finds that it satisfies the requirements of 40 CFR 
51.308(g) and 308(h).
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    \1\ On July 19, 2011, EPA finalized an approval of Delaware's 
September 25, 2008 regional haze SIP to address the first 
implementation period for regional haze. See 76 FR 42557.
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II. Summary of SIP Revision

    Delaware's September 24, 2013 progress report SIP addresses 
progress made towards RPGs of the Class I area outside the State that 
is affected by emissions from Delaware's sources. This progress report 
SIP also includes a determination of the adequacy of the State's 
existing regional haze SIP. Delaware does not have any Class I areas 
within its borders. However, in Delaware's September 25, 2008 regional 
haze SIP submittal, DNREC had identified, through an area of influence 
modeling analysis based on back trajectories in consultation with the 
regional planning organization, Mid-Atlantic/Northeast Visibility Union 
(MANE-VU), only one Class I area, Edwin B. Forsythe National Wildlife 
Refuge (Brigantine Wilderness Area), in the neighboring State of New 
Jersey, that can be potentially impacted by Delaware sources. See 76 FR 
42557 (July 19, 2011).
    The provisions in 40 CFR 51.308(g) require a progress report SIP to 
address seven elements. EPA finds that Delaware's progress report SIP 
addressed each element under 40 CFR 51.308(g). The seven elements and 
EPA's conclusion are briefly summarized below; however, the detailed 
rationale for EPA's action is explained in the NPR and will not be 
restated here. No public comments were received on the NPR.
    The provisions in 40 CFR 51.308(g) require progress report SIPs to 
include a description of the status of measures in the approved 
regional haze SIP; a summary of emissions reductions achieved; an 
assessment of visibility conditions for each Class I area in the state; 
an analysis of changes in emissions from sources and activities within 
the state; an assessment of any significant changes in anthropogenic 
emissions within or outside the state that have limited or impeded 
progress in Class I areas impacted by the state's sources; an 
assessment of the sufficiency of the approved regional haze SIP; and a 
review of the state's visibility monitoring strategy. As explained in 
detail in the NPR, EPA finds that Delaware's progress report SIP 
addressed each element and has therefore satisfied the requirements 
under 40 CFR 51.308(g).
    In addition, pursuant to 40 CFR 51.308(h), states are required to 
submit, at the same time as the progress report SIP, a determination of 
the adequacy of their existing regional haze SIP and to take one of 
four possible actions based on information in the progress report. One 
possible action is submission of a negative declaration to EPA that no 
further substantive revision to the state's existing regional haze SIP 
is needed. In its progress report SIP, Delaware submitted a negative 
declaration that it had determined that the existing regional haze SIP 
requires no further substantive revision to achieve the RPGs for the 
Class I area affected by Delaware's sources. As explained in detail in 
the NPR, EPA concludes Delaware has adequately addressed 40 CFR 
51.308(h) because the visibility data trends at the Class I area 
impacted by Delaware's sources and the emissions trends of Delaware's 
largest emitters of visibility-impairing pollutants both indicate that 
Brigantine Wilderness Area, which is the Class I area impacted by 
Delaware sources, will be able to meet or exceed the RPGs for 2018.

III. Final Action

    EPA is approving Delaware's Regional Haze five-year progress report 
SIP revision, submitted September 24, 2013, as meeting the applicable 
regional haze requirements as set forth in 40 CFR 51.308(g) and 
51.308(h).

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

[[Page 25508]]

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 July 7, 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 to approve Delaware's regional haze five-year progress 
report SIP revision 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, Intergovernmental relations, Nitrogen oxides, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur dioxide, 
Volatile organic compounds.

    Dated: April 21, 2014.
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 the 
entry for Regional Haze Five-Year Progress Report at the end of the 
table to read as follows:


Sec.  52.420  Identification of plan.

* * * * *
    (e) * * *

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                                        Applicable          State
    Name of non-regulatory SIP         geographic or      submittal     EPA approval date        Additional
             revision               nonattainment area       date                                explanation
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                                                  * * * * * * *
Regional Haze Five-Year Progress   Statewide...........      9/24/13  5/5/14 [Insert page   ....................
 Report.                                                               number where the
                                                                       document begins].
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[FR Doc. 2014-10111 Filed 5-2-14; 8:45 am]
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