[Federal Register Volume 82, Number 104 (Thursday, June 1, 2017)]
[Proposed Rules]
[Pages 25211-25213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11085]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0152; FRL-9962-45-Region 3]


Air Plan Approval; Delaware; Infrastructure Requirements for the 
2012 Fine Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve

[[Page 25212]]

portions of a state implementation plan (SIP) revision 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 made a SIP submittal to address the 
infrastructure requirements for the 2012 fine particulate matter 
(PM2.5) NAAQS. This action proposes to approve portions of 
this submittal pursuant to section 110 of the CAA. EPA is not proposing 
any action on the portion of the submittal which addresses interstate 
transport of emissions and intends to take later separate action on 
this portion.

DATES: Written comments must be received on or before July 3, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0152 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

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

SUPPLEMENTARY INFORMATION: On December 14, 2015, the State of Delaware, 
through the Delaware Department of Natural Resources and Environmental 
Control (DNREC), submitted a revision to its SIP to satisfy the 
requirements of section 110(a)(2) of the CAA for the 2012 
PM2.5 NAAQS.

I. Background

    On July 18, 1997, EPA promulgated a new 24-hour and a new annual 
NAAQS for PM2.5 (62 FR 38652). On October 17, 2006, EPA 
revised the NAAQS for PM2.5, tightening the 24-hour 
PM2.5 standard from 65 micrograms per cubic meter ([mu]g/
m\3\) to 35 [mu]g/m\3\, and retaining the annual PM2.5 NAAQS 
at 15 [mu]g/m\3\ (71 FR 61144). Subsequently, on December 14, 2012, EPA 
revised the level of the health based (primary) annual PM2.5 
NAAQS to 12 [mu]g/m\3\. See 78 FR 3086 (January 15, 2013).\1\
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    \1\ In EPA's 2012 PM2.5 NAAQS revision, EPA left 
unchanged the existing welfare (secondary) standards for 
PM2.5 to address particulate matter (PM) related effects 
such as visibility impairment, ecological effects, damage to 
materials and climate impacts. This includes a secondary annual 
standard of 15 [mu]g/m\3\ and a 24-hour standard of 35 [mu]g/m\3\.
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    Pursuant to section 110(a)(1) of the CAA, states are required to 
submit a SIP revision to address the applicable requirements of section 
110(a)(2) within three years after promulgation of a new or revised 
NAAQS or within such shorter period as EPA may prescribe. Section 
110(a)(2) requires states to address basic SIP elements to assure 
attainment and maintenance of the NAAQS--such as requirements for 
monitoring, basic program requirements, and legal authority. Section 
110(a) imposes the obligation upon states to make a SIP submission to 
EPA for a new or revised NAAQS, but the contents of that submission may 
vary depending upon the facts and circumstances of each NAAQS and what 
is in each state's existing SIP. In particular, the data and analytical 
tools available at the time the state develops and submits the SIP 
revision for a new or revised NAAQS affect the content of the 
submission. The content of such SIP submission may also vary depending 
upon what provisions the state's existing SIP already contains.
    Specifically, section 110(a)(1) provides the procedural and timing 
requirements for SIP submissions. Section 110(a)(2) lists specific 
elements that states must meet for infrastructure SIP requirements 
related to a newly established or revised NAAQS such as requirements 
for monitoring, basic program requirements, and legal authority that 
are designed to assure attainment and maintenance of the NAAQS.

II. Summary of SIP Revision and EPA Analysis

    On December 14, 2015, EPA received a SIP revision submittal from 
DNREC in order to satisfy the requirements of section 110(a)(2) of the 
CAA for the 2012 PM2.5 NAAQS. EPA reviewed the submittal and 
determined that it addressed the following infrastructure elements: 
Section 110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II), (D)(ii), (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 submittal may be 
found in the Technical Support Document (TSD) for this rulemaking 
action, which is available on line at www.regulations.gov, Docket ID 
Number EPA-R03-OAR-2017-0152. This rulemaking action does not include 
any proposed action on section 110(a)(2)(I) of the CAA which pertains 
to the nonattainment requirements of part D, title I of the CAA, 
because this element is not required to be submitted by the 3-year 
submission deadline of section 110(a)(1) of the CAA, and will be 
addressed in a separate process if necessary.
    Although Delaware's December 14, 2015 SIP submission contained 
provisions to address section 110(a)(2)(D)(i)(I) of the CAA, EPA is not 
proposing any action on the portion of the December 14, 2015 submittal 
which addresses section 110(a)(2)(D)(i)(I) regarding the interstate 
transport of emissions. EPA intends to take later separate action on 
this portion of Delaware's December 14, 2015 submittal. EPA is 
soliciting public comments on the issues discussed in this document. 
These comments will be considered before taking final action.

III. Proposed Action

    EPA is proposing to approve the portions of Delaware's December 14, 
2015 SIP revision which address for the following elements of section 
110(a)(2) of the CAA for the 2012 PM2.5 NAAQS: (A), (B), 
(C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). 
Delaware's December 14, 2015 SIP revision addressing 110(a)(2)(A-C), 
(D)(i)(II) and (D)(ii), (E-H), and (J-M) provides the basic program 
elements specified in section 110(a)(2) of the CAA necessary to 
implement, maintain, and enforce the 2012 PM2.5 NAAQS. EPA 
will take separate action, at a future date, on the portion of the 
December 14, 2015 SIP revision addressing section 110(a)(2)(D)(i)(I) 
(interstate transport of

[[Page 25213]]

emissions) for the 2012 PM2.5 NAAQS. This proposed 
rulemaking action does not include action on section 110(a)(2)(I) of 
the CAA which pertains to the nonattainment planning requirements of 
part D, title I of the CAA, because this element is not required to be 
submitted by the 3-year submission deadline of section 110(a)(1) of the 
CAA, and will be addressed in a separate process if necessary.

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 approves 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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 proposed rule to approve portions of Delaware's 
December 14, 2015 SIP for section 110(a)(2) infrastructure requirements 
for the 2012 PM2.5 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, Particulate matter, Reporting and recordkeeping 
requirements.

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

    Dated: April 26, 2017.
John A. Armstead,
Acting Regional Administrator, Region III.
[FR Doc. 2017-11085 Filed 5-31-17; 8:45 am]
BILLING CODE 6560-50-P