[Federal Register Volume 79, Number 116 (Tuesday, June 17, 2014)]
[Rules and Regulations]
[Pages 34441-34443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14029]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0245; FRL-9912-22-Region-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Amendments to Delaware's Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the Delaware State Implementation 
Plan (SIP). These amendments will bring Delaware's ambient air quality 
standards for sulfur dioxide (SO2), ozone, nitrogen dioxide 
(NO2), lead, and particulate matter (PM) up to date with 
current Federal requirements. EPA is approving these SIP revisions in 
accordance with the requirements of the Clean Air Act (CAA).

DATES: This rule is effective on August 18, 2014without further notice, 
unless EPA receives adverse written comment by July 17, 2014. If EPA 
receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0245 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-2014-0245, 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-
2014-0245. 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 17, 2014, the State of Delaware submitted a formal SIP 
revision amending 7 Del. Admin. Code 1103, ``Ambient Air Quality 
Standards.'' These amendments will bring the regulatory standards for 
SO2, ozone, NO2, lead, and PM up to date with 
current Federal requirements.

[[Page 34442]]

    The CAA specifies that EPA must reevaluate the appropriateness of 
each of the national ambient air quality standards (NAAQS) every five 
years. As part of the process, EPA reviewed the latest health-based 
research and determined that several NAAQS revisions were necessary to 
protect public health and welfare.
    EPA revised the 8-hour ozone primary and secondary standards to a 
level of 0.075 parts per million (ppm) to provide increased protection 
for children and other at-risk populations against an array of ozone-
related adverse health effects. These standards are based on the 3-year 
average of the annual fourth-highest daily maximum 8-hour 
concentration. EPA promulgated these NAAQS for ozone on March 27, 2008 
(73 FR 16436).
    EPA revised the primary lead standard to 0.15 micrograms per cubic 
meter ([micro]g/m\3\) to improve health protection for at-risk groups, 
especially children. The secondary standard was also revised to 0.15 
[micro]g/m\3\ to afford increased protection for the environment. EPA 
promulgated these primary and secondary NAAQS for lead on November 12, 
2008 (73 FR 66964).
    EPA established the primary 1-hour SO2 NAAQS at a level 
of 75 parts per billion (ppb), based on the 3-year average of the 
annual 99th percentile of 1-hour daily maximum concentrations on June 
22, 2010 (75 FR 35520). This revised standard will improve public 
health protection, especially for children, the elderly, and people 
with asthma. EPA is retaining the current secondary 3-hour 
SO2 NAAQS of 0.5 ppm.
    EPA established the 1-hour NO2 NAAQS at a level of 100 
ppb, based on the 3-year average of the 98th percentile of the yearly 
distribution of 1-hour daily maximum concentrations, on February 9, 
2010 (75 FR 6474). EPA is retaining the current primary and secondary 
annual average NO2 NAAQS of 53 ppb.
    With regard to the primary (health-based) standards for fine 
particulate matter (PM2.5), EPA revised the annual 
PM2.5 standard by lowering the level to 12.0 [mu]g/m\3\ and 
retaining the 24-hour PM2.5 standard at a level of 35 [mu]g/
m\3\, on January 15, 2013 (78 FR 3086). EPA also retained the existing 
24-hour coarse particle (PM10) primary and secondary 
standards set at a level of 150 [mu]g/m\3\.

II. Summary of SIP Revision

    The SIP revision submitted by the Delaware Department of Natural 
Resources and Environmental Control (DNREC) on February 17, 2014, 
consists of amendments to 7 Del Admin. Code 1103, which includes the 
revised ambient air quality standards for SO2, ozone, 
NO2, lead, and PM. The SIP revision is consistent with the 
current NAAQS. The SIP revision also includes amendments to the 
definitions of primary and secondary air quality standards. In 
addition, the SIP revision includes updated test methods and emission 
standards in order to be up to date with current Federal requirements.

III. Final Action

    EPA is approving the SIP revision pertaining to the amendments of 
Delaware's ambient air quality standards since the SIP revision is 
consistent with the NAAQS. EPA is publishing this rule without prior 
proposal because EPA views this as a noncontroversial amendment and 
anticipates no adverse comment. However, in the ``Proposed Rules'' 
section of today's Federal Register, EPA is publishing a separate 
document that will serve as the proposal to approve the SIP revision if 
adverse comments are filed. This rule will be effective on August 18, 
2014 without further notice unless EPA receives adverse comment by July 
17, 2014. If EPA receives adverse comment, EPA will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. EPA will address all public comments in a 
subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

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

[[Page 34443]]

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 August 18, 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking action.
    This action, pertaining to the amendments of Delaware's ambient air 
quality standards, 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, Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur 
oxides, Volatile organic compounds.

    Dated: June 2, 2014.
Shawn M. Garvin,
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 (c) is amended under 7 
DNREC, Code 1103 by revising entries for Sections 1.0, 4.0, 6.0, 8.0. 
10.0, and 11.0 to read as follows:


Sec.  52.420  Identification of plan.

* * * * *
    (c) * * *

                            EPA-Approved Regulations and Statutes in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
   State regulation (7 DNREC                            State
             1100)                Title/Subject    effective date  EPA Approval date    Additional explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
                                       1103 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Section 1.0...................  General                  01/11/14  06/17/14 [Insert   Revised sections.
                                 Provisions.                        page number
                                                                    where the
                                                                    document begins].
 
                                                  * * * * * * *
Section 4.0...................  Sulfur Dioxide...        01/11/14  06/17/14 [Insert   Revised sections.
                                                                    page number
                                                                    where the
                                                                    document begins].
 
                                                  * * * * * * *
Section 6.0...................  Ozone............        01/11/14  06/17/14 [Insert   Revised sections.
                                                                    page number
                                                                    where the
                                                                    document begins].
Section 8.0...................  Nitrogen Dioxide.        01/11/14  06/17/14 [Insert   Revised sections.
                                                                    page number
                                                                    where the
                                                                    document begins].
Section 10.0..................  Lead.............        01/11/14  06/17/14 [Insert   Revised sections.
                                                                    page number
                                                                    where the
                                                                    document begins].
Section 11.0..................  PM10 and PM2.5           01/11/14  06/17/14 [Insert   Revised sections.
                                 Particulates.                      page number
                                                                    where the
                                                                    document begins].
 
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[FR Doc. 2014-14029 Filed 6-16-14; 8:45 am]
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