[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Rules and Regulations]
[Pages 44318-44320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20163]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0152; FRL-9967-99-Region 3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
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 approves portions of this 
submittal pursuant to section 110 of the CAA. EPA is not taking any 
action on the portion of the submittal that addresses interstate 
transport of emissions and intends to take separate action later.

DATES: This final rule is effective on October 23, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2017-0152. All documents in the docket are listed on 
the http://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, e.g., 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 through 
http://www.regulations.gov, or please contact the person identified in 
the For Further Information Contact section for additional availability 
information.

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

SUPPLEMENTARY INFORMATION:

I. Background

    On June 1, 2017 (82 FR 25211), EPA published a notice of proposed 
rulemaking (NPR) for the State of Delaware. In the NPR, EPA proposed 
approval of portions of Delaware's December 14, 2015 SIP revision which 
address for the 2012 PM2.5 NAAQS the following 
infrastructure elements of section 110(a)(2) of the CAA: (A), (B), (C), 
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). EPA 
will take separate action, at a future date, on the remaining portion 
of the December 14, 2015 SIP revision that addresses requirements in 
section 110(a)(2)(D)(i)(I) (interstate transport of emissions) for the 
2012 PM2.5 NAAQS. Additionally, the proposed rulemaking 
action did 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.
    Because the technical support document (TSD) was erroneously 
omitted from the docket for this rulemaking at the time EPA published 
the NPR on June 1, 2017 (82 FR 25211), EPA published a supplemental 
notice of proposed rulemaking (SNPR) extending the comment period on 
June 22, 2017 to allow further opportunity for public comment on our 
proposed approval of portions of Delaware's December 14, 2015 SIP 
revision addressing infrastructure requirements for the 2012 
PM2.5 NAAQS. 82 FR 28432.

II. Summary of SIP Revision and EPA Analysis

    EPA reviewed the December 14, 2015 SIP submittal from Delaware and 
determined that it addressed for the 2012 PM2.5 NAAQS the 
following infrastructure elements in 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 TSD for this 
rulemaking action, which is available online at http://www.regulations.gov, Docket ID Number EPA-R03-OAR-2017-0152.
    Although Delaware's December 14, 2015 SIP submission also contained 
provisions to address section 110(a)(2)(D)(i)(I) of the CAA, EPA did 
not propose any action on the portion of the submittal pertaining to 
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 submittal.
    Other specific requirements of Delaware's submittal for the 2012 
PM2.5 NAAQS infrastructure requirements and the rationale 
for EPA's proposed action are explained in the NPR and will not be 
restated here. EPA received one comment which is addressed below.

III. Public Comment and EPA's Response

    EPA received a comment in response to the June 1, 2017 NPR. The 
commenter noted that the TSD was not available online and requested a 
restart of the comment period. Additionally, the commenter expressed 
support for EPA and concerns about the removal of environmental 
regulations.
    Response: On June 22, 2017, EPA made the TSD available online at 
http://www.regulations.gov, Docket ID Number EPA-R03-OAR-2017-0152. In 
our June 22, 2017 SNPR, EPA subsequently extended the comment period. 
82 FR 28432. While EPA appreciates the supportive comments and 
expression of concern for environmental regulations in general, these 
comments are not germane to this rulemaking and do not identify any 
specific actions or provisions that EPA should address differently. 
Therefore, EPA does not provide further response.

IV. Final Action

    EPA is approving portions of Delaware's December 14, 2015 SIP 
revision that address 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 SIP 
revision

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addressing section 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 later separate action on the 
portion of the SIP revision addressing section 110(a)(2)(D)(i)(I) 
(interstate transport of emissions) for the 2012 PM2.5 
NAAQS. This final 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.

V. 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 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 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 November 21, 2017. 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 portions of Delaware's December 14, 2015 
SIP revision for section 110(a)(2) infrastructure requirements for the 
2012 PM2.5 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, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: September 8, 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

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 2012 
PM2.5 NAAQS'' after the entry ``Infrastructure element 
110(a)(2)(D)(i)(I) related to interstate transport.'' The added text 
reads as follows:


Sec.  52.420   Identification of plan.

* * * * *
    (e) * * *

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    Name of non-regulatory SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval date       explanation
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                                                  * * * * * * *
Section 110(a)(2) Infrastructure   Statewide..........      12/14/2015  9/22/2017, [Insert   This action
 Requirements for the 2012 PM2.5                                         Federal Register     addresses the
 NAAQS.                                                                  citation].           following CAA
                                                                                              elements:
                                                                                              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. 2017-20163 Filed 9-21-17; 8:45 am]
 BILLING CODE 6560-50-P