[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Rules and Regulations]
[Pages 24529-24531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10911]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DE104-1104; FRL-9961-26-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Update to Materials Incorporated by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; administrative change.

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SUMMARY: The Environmental Protection Agency (EPA) is updating the 
materials that are incorporated by reference (IBR) into the Delaware 
state implementation plan (SIP). The regulations affected by this 
update have been previously submitted by the Delaware Department of 
Natural Resources and Environmental Control (DNREC) and approved by 
EPA. This update affects the SIP materials that are available for 
public inspection at the National Archives and Records Administration 
(NARA) and the EPA Regional Office.

DATES: This action is effective May 30, 2017.

ADDRESSES: SIP materials which are incorporated by reference into 40 
CFR part 52 are available for inspection at the following locations: 
Air Protection Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; or NARA. For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814-2042 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The SIP is a living document which a state revises as necessary to 
address its unique air pollution problems. Therefore, EPA, from time to 
time, must take action on SIP revisions containing new and/or revised 
regulations as being part of the SIP. On May 22, 1997 (62 FR 27968), 
EPA revised the procedures for incorporating by reference federally-
approved SIPs, as a result of consultations between EPA and the Office 
of the Federal Register (OFR). The description of the revised SIP 
document, IBR procedures and ``Identification of plan'' format are 
discussed in further detail in the May 22, 1997 Federal Register 
document. On December 7, 1998 (63 FR 67407), EPA published a document 
in the Federal Register beginning the new IBR procedure for Delaware. 
On June 21, 2004 (69 FR 34285), April 3, 2007 (72 FR 15839), April 17, 
2009 (74 FR 17771), and May 2, 2011 (76 FR 24372), September 24, 2013 
(78 FR 58465), EPA published updates to the IBR material for Delaware. 
Since the publication of the last IBR update, EPA has approved 
regulatory changes to the following Delaware revised regulations:
    1. 7 DNREC regulation 1103 (Ambient Air Quality Standards), 
sections 1.0 (General Provisions), 4.0 (Sulfur Dioxide), 6.0 (Ozone), 
8.0 (Nitrogen Dioxide), 10.0 (Lead), and 11.0 (PM10 and 
PM2.5 Particulates).
    2. 7 DNREC regulation 1140 (Delaware Low Emission Vehicle Program), 
sections 1.0 (Purpose), 2.0 (Applicability), 3.0 (Definitions), 4.0 
(Emission Certification Standards), 5.0 (New Vehicle Emission 
Requirements), 6.0 (Manufacturer Fleet Requirements), 7.0 (Warranty), 
8.0 (Reporting and Record-Keeping Requirements), 9.0 (Enforcement), 
10.0 (Incorporation by Reference), 11.0 (Document Availability), and 
12.0 (Severability).

II. EPA Action

    In this action, EPA is announcing the update to the IBR material as 
of July 1, 2016 and revising the text within 40 CFR 52.420(b). EPA is 
revising our 40 CFR part 52 ``Identification of Plan'' for the State of 
Delaware regarding incorporation by reference, section 52.420(b). EPA 
is revising section 52.420(b)(1) to clarify that all SIP revisions 
listed in paragraphs (c) and (d), regardless of inclusion in the most 
recent ``update to the SIP compilation,'' are fully federally 
enforceable under sections 110 and 113 of the CAA as of the effective 
date of the final rulemaking in which EPA approved the SIP revision, 
consistent with following our ``Approval and Promulgations of Air 
Quality Implementation Plans; Revised Format of 40 CFR part 52 for 
Materials Being Incorporated by Reference,'' effective May 22, 1997 (62 
FR 27968). EPA is revising section 52.420(b)(2) to clarify references 
to other portions of paragraph (b) with subparagraph (b)(2). EPA is 
revising section (b)(3) to update address and contact information.

III. Good Cause Exemption

    EPA has determined that this rule falls under the ``good cause'' 
exemption in section 553(b)(3)(B) of the Administrative Procedures Act 
(APA) which, upon finding ``good cause,'' authorizes agencies to 
dispense with public participation and section 553(d)(3) which allows 
an agency to make a rule effective immediately (thereby avoiding the 
30-day delayed effective date otherwise provided for in the APA). This 
rule simply codifies provisions which are already in effect as a matter 
of law in federal and approved state programs. Under section 553 of the 
APA, an agency may find good cause where procedures are ``impractical, 
unnecessary, or contrary to the public interest.'' Public comment is 
``unnecessary'' and ``contrary to the public interest'' since the 
codification only reflects existing law. Immediate notice in the CFR 
benefits the public by removing outdated citations and incorrect table 
entries.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of previously 
EPA approved regulations promulgated by the State of Delaware and 
federally effective prior to July 1, 2016. Therefore, these materials 
have been approved by EPA for inclusion in the SIP, have been

[[Page 24530]]

incorporated by reference by EPA into that plan, are fully federally 
enforceable under sections 110 and 113 of the CAA as of the effective 
date of the final rulemaking of EPA's approval, and will be 
incorporated by reference by the Director of the Federal Register in 
the next update to the SIP compilation.\1\ EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and/or at the EPA Region III Office (please contact 
the person identified in the ``For Further Information Contact'' 
section of this preamble for more information).
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    \1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act (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 rule 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. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    EPA has also determined that the provisions of section 307(b)(1) of 
the CAA pertaining to petitions for judicial review are not applicable 
to this action. Prior EPA rulemaking actions for each individual 
component of the Delaware SIP compilations had previously afforded 
interested parties the opportunity to file a petition for judicial 
review in the United States Court of Appeals for the appropriate 
circuit within 60 days of such rulemaking action. Thus, EPA sees no 
need in this action to reopen the 60-day period for filing such 
petitions for judicial review for this ``Identification of Plan'' 
update action for Delaware.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 23, 2017.
Cecil Rodrigues,
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

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2. Section 52.420 is amended by revising paragraph (b) to read as 
follows:


Sec.  52.420  Identification of plan.

* * * * *
    (b) Incorporation by reference. (1) Material listed in in 
paragraphs (c) and (d) of this section with an EPA approval date prior 
to July 1, 2016, was approved for incorporation by reference by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. Entries in paragraphs (c) and (d) of this section with 
the EPA approval dates after July 1, 2016 for the State of Delaware 
have been approved by EPA for the inclusion in the SIP and for 
incorporation by reference into the plan as it is contained in this 
section, and will be considered by the Director of the Federal Register 
for approval in the next update to the SIP compilation.
    (2) EPA Region III certifies that the materials provided by EPA at 
the addresses in paragraph (b)(3) of this section are an exact 
duplicate of the officially promulgated state rules/regulations which 
have been approved as part of the SIP as of the dates referenced in 
paragraph (b)(1). No additional revisions were made to paragraph (d) 
between the last incorporation by reference date of July 1, 2013 and 
July 1, 2016.
    (3) Copies of the materials incorporated by reference into the 
state implementation plan may be inspected at the Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. To obtain the material, please call the Regional 
Office at (215) 814-3376. You may also inspect the material with an EPA 
approval date prior to July 1, 2016 for the State of Delaware at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, go

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to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
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[FR Doc. 2017-10911 Filed 5-26-17; 8:45 am]
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