Approval and Promulgation of Air Quality Implementation Plans; Delaware; Infrastructure Requirements for the 2008 Ozone National Ambient Air Quality Standards, 53709-53711 [2013-21270]
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ehiers on DSK2VPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 78, No. 169 / Friday, August 30, 2013 / Proposed Rules
requirements of this section in cases of
undue economic hardship. The
principal factor in determining hardship
will be the amount, if any, by which the
cost of filing the reports on magnetic
media in accordance with this section
exceeds the cost of filing the reports on
paper or other media. A request for a
waiver must be made in accordance
with applicable published guidance,
publications, forms, instructions, or
other guidance on the IRS.gov Internet
Web site. (See § 601.601(d)(2)(ii)(b) of
this chapter.) The waiver will specify
the type of filing (that is, an actuarial
report required under section 6059) and
the period to which it applies, and will
be subject to such terms and conditions
regarding the method of filing as may be
prescribed by the Commissioner.
(c) Failure to File. If a filer required
to file an actuarial report under section
6059 fails to file the report on magnetic
media when required to do so by this
section, the filer is deemed to have
failed to file the report. See section 6692
for the penalty for the failure to file an
actuarial report. In determining whether
there is reasonable cause for failure to
file the report, § 301.6692–1(c) and rules
similar to the rules in § 301.6724–
1(c)(3)(ii) (regarding undue economic
hardship related to filing information
returns on magnetic media) will apply.
(d) Meaning of terms. The following
definitions apply for purposes of this
section.
(1) Magnetic media. The term
magnetic media means electronic filing,
as well as other media specifically
permitted under applicable regulations,
revenue procedures, or publications,
forms, instructions, or other guidance
on the IRS.gov Internet Web site. (See
§ 601.601(d)(2)(ii)(b) of this chapter.)
(2) Actuarial report required under
section 6059—(i) Single employer plans.
For a single employer plan, the term
actuarial report required under section
6059 means the Schedule SB, ‘‘SingleEmployer Defined Benefit Plan
Actuarial Information,’’ of the Form
5500 series (or its successor).
(ii) Multiemployer and certain money
purchase plans. For multiemployer and
certain money purchase plans, the term
actuarial report required under section
6059 means the Schedule MB,
‘‘Multiemployer Defined Benefit Plan
and Certain Money Purchase Plan
Actuarial Information,’’ of the Form
5500 series (or its successor).
(3) Determination of 250 returns—(i)
In general. For purposes of this section,
a filer is required to file at least 250
returns if, during the calendar year that
includes the first day of the plan year,
the filer is required to file at least 250
returns of any type, including
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information returns (for example, Forms
W–2 and Forms 1099), income tax
returns, employment tax returns, and
excise tax returns.
(ii) Definition of filer. For purposes of
this section, the term filer means the
plan administrator within the meaning
of section 414(g). If the plan
administrator within the meaning of
section 414(g) is the employer, the
special rules in § 1.6058–2(d)(3)(iii) will
apply.
(e) Example. The following example
illustrates the provisions of paragraph
(d)(3) of this section:
Example. In 2014, P, the plan
administrator of Plan B (a single employer
defined benefit plan), is required to file 266
returns (including Forms 1099–R
‘‘Distributions From Pensions, Annuities,
Retirement, Profit-Sharing Plans, IRAs,
Insurance Contracts, etc.’’ and one Form 5500
series). Plan B’s plan year is the calendar
year. Because P is required to file at least 250
returns during the calendar year, P must file
the 2014 Schedule SB of the Form 5500
series for Plan B electronically.
(f) Effective/applicability date. This
section is applicable for actuarial
reports required to be filed under
section 6059 for plan years that begin on
or after January 1, 2014, but only for
filings with a filing deadline (not taking
into account extensions) after December
31, 2014.
Beth Tucker,
Deputy Commissioner for Operations
Support.
[FR Doc. 2013–21159 Filed 8–29–13; 8:45 am]
BILLING CODE 4830–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2013–0408; FRL–9900–57–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Infrastructure Requirements
for the 2008 Ozone National Ambient
Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
a State Implementation Plan (SIP)
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
SUMMARY:
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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
has made a submittal addressing the
infrastructure requirements for the 2008
8-hour ozone NAAQS. This action
proposes to approve portions of this
submittal.
DATES: Written comments must be
received on or before September 30,
2013.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2013–0408 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2013–0408,
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 previouslylisted 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–2013–
0408. 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
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Federal Register / Vol. 78, No. 169 / Friday, August 30, 2013 / Proposed Rules
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
quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION: On March
27, 2013, 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
2008 8-hour ozone NAAQS.
ehiers on DSK2VPTVN1PROD with PROPOSALS-1
I. Background
On March 27, 2008 (73 FR 16436),
EPA promulgated a revised NAAQS for
ozone based on 8-hour average
concentrations. EPA revised the level of
the 8-hour ozone NAAQS from 0.08
parts per million (ppm) to 0.075 ppm.
Pursuant to section 110(a)(1) of the
CAA, states are required to submit SIPs
meeting 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 such as requirements for
monitoring, basic program requirements
and legal authority that are designed to
assure attainment and maintenance of
the NAAQS. 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. In
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particular, the data and analytical tools
available at the time the state develops
and submits the SIP for a new or revised
NAAQS affects 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.
In the case of the 2008 8-hour ozone
NAAQS, states typically have met the
basic program elements required in
section 110(a)(2) through earlier SIP
submissions in connection with the
1997 8-hour ozone NAAQS. More
specifically, section 110(a)(1) provides
the procedural and timing requirements
for SIPs. Section 110(a)(2) lists specific
elements that states must meet for
‘‘infrastructure’’ SIP requirements
related to a newly established or revised
NAAQS. As mentioned above, these
requirements include basic SIP elements
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 State Submittal
On March 27, 2013, Delaware
provided a submittal to satisfy section
110(a)(2) of the CAA requirements, that
is the subject of this proposed
rulemaking, for the 2008 8-hour ozone
NAAQS. This submittal addressed the
following infrastructure elements:
Section 110(a)(2)(A), (B), (C), (D), (E),
(F), (G), (H), (J), (K), (L), and (M).
EPA has analyzed the above identified
submission and is proposing to make a
determination that such submittal meets
the requirements of section 110(a)(2)(A),
(B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M) of the CAA, with
the exception of the Part D, Title I
nonattainment planning requirements of
section 110(a)(2)(I), and the portion of
the submittal relating to section
110(a)(2)(D)(i)(I) on which EPA will take
separate actions. 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 action which is
available on line at
www.regulations.gov, Docket number
EPA–R03–OAR–2013–0408.
This proposed rulemaking action does
not include 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. This
proposed rulemaking action also does
not address section 110(a)(2)(D)(i)(I) of
the CAA. In accordance with the
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decision of the U.S. Court of Appeals for
the District of Columbia (D.C. Circuit
Court), EPA at this time is not treating
the 110(a)(2)(D)(i)(I) SIP submission
from Delaware as a required SIP
submission. See EME Homer City
Generation, L.P. v. EPA, 696 F .3d 7
(D.C. Cir. 2012), cert. granted, 2013 U.S.
Lexis 4801 (2013). On June 24, 2013, the
Supreme Court granted the petitions of
the United States and others and agreed
to review this D.C. Circuit Court
decision. However, at this time the D.C.
Circuit Court decision remains in place
and unless it is reversed or otherwise
modified by the Supreme Court, states
are not required to submit
110(a)(2)(D)(i)(I) SIPs until EPA has
quantified their obligations under that
section. EPA will address the portion of
Delaware’s March 27, 2013 SIP
submittal addressing section
110(a)(2)(D)(i)(I) in a separate action.
III. Proposed Action
EPA is proposing to approve
Delaware’s submittal that provides the
basic program elements specified in
section 110(a)(2)(A), (B), (C), (D)(i)(II),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M), necessary to implement, maintain,
and enforce the 2008 8-hour ozone
NAAQS, with the exception of the Part
D, Title I nonattainment planning
requirements of section 110(a)(2)(I), and
the portion of the submittal relating to
section 110(a)(2)(D)(i)(I) on which EPA
will take separate actions. EPA is
soliciting public comments on the
issues discussed in this document.
These comments will be considered
before taking final action.
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 proposes to approve 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 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.);
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• 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 rulemaking
action pertaining to Delaware’s section
110(a)(2) infrastructure requirements for
the 2008 8-hour ozone 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, Ozone, Reporting and
recordkeeping requirements.
ehiers on DSK2VPTVN1PROD with PROPOSALS-1
Authority: 42 U.S.C. 7401 et seq.
Dated: August 20, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2013–21270 Filed 8–29–13; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2013–0453; FRL–9835–3]
Revisions to the California State
Implementation Plan, Placer, Santa
Barbara and Ventura County Air
Pollution Control Districts
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
revisions to the Placer County Air
Pollution Control District (PCAPCD),
Santa Barbara County Air Pollution
Control District (SBCAPCD) and
Ventura County Air Pollution Control
District (VCAPCD) portions of the
California State Implementation Plan
(SIP). These revisions concern volatile
organic compound (VOC) emissions
from adhesives and sealants. We are
proposing to approve local rules to
regulate these emission sources under
the Clean Air Act as amended in 1990
(CAA or the Act).
DATES: Any comments on this proposal
must arrive by September 30, 2013.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2013–0453, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments 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
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or email.
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send email
directly to EPA, your email address will
be automatically captured and included
as part of the public comment. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
SUMMARY:
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53711
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: Generally, documents in the
docket for this action are available
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California. While all documents in the
docket are listed at
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps), and some may not
be publicly available in either location
(e.g., CBI). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Andy Steckel, EPA Region IX, (415)
947–4115, Steckel.andrew@epa.gov.
This
proposal addresses the following local
rules: PCAPCD Rule 235, Adhesives,
SBCAPCD Rule 353, Adhesives and
Sealants and VCAPCD Rule 74.20,
Adhesives and Sealants. In the Rules
and Regulations section of this Federal
Register, we are approving these local
rules in a direct final action without
prior proposal because we believe these
SIP revisions are not controversial. If we
receive adverse comments, however, we
will publish a timely withdrawal of the
direct final rule and address the
comments in subsequent action based
on this proposed rule. Please note that
if we receive adverse comments on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
We do not plan to open a second
comment period, so anyone interested
in commenting should do so at this
time. If we do not receive adverse
comments, no further activity is
planned. For further information, please
see the direct final action.
SUPPLEMENTARY INFORMATION:
Dated: June 28, 2013.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2013–20918 Filed 8–29–13; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 78, Number 169 (Friday, August 30, 2013)]
[Proposed Rules]
[Pages 53709-53711]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21270]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2013-0408; FRL-9900-57-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Infrastructure Requirements for the 2008 Ozone National
Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
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 has made a submittal addressing
the infrastructure requirements for the 2008 8-hour ozone NAAQS. This
action proposes to approve portions of this submittal.
DATES: Written comments must be received on or before September 30,
2013.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2013-0408 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2013-0408, 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-
2013-0408. 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
[[Page 53710]]
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 quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION: On March 27, 2013, 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 2008 8-hour ozone NAAQS.
I. Background
On March 27, 2008 (73 FR 16436), EPA promulgated a revised NAAQS
for ozone based on 8-hour average concentrations. EPA revised the level
of the 8-hour ozone NAAQS from 0.08 parts per million (ppm) to 0.075
ppm. Pursuant to section 110(a)(1) of the CAA, states are required to
submit SIPs meeting 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 such as requirements for
monitoring, basic program requirements and legal authority that are
designed to assure attainment and maintenance of the NAAQS. 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. In particular, the
data and analytical tools available at the time the state develops and
submits the SIP for a new or revised NAAQS affects 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.
In the case of the 2008 8-hour ozone NAAQS, states typically have
met the basic program elements required in section 110(a)(2) through
earlier SIP submissions in connection with the 1997 8-hour ozone NAAQS.
More specifically, section 110(a)(1) provides the procedural and timing
requirements for SIPs. Section 110(a)(2) lists specific elements that
states must meet for ``infrastructure'' SIP requirements related to a
newly established or revised NAAQS. As mentioned above, these
requirements include basic SIP elements 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 State Submittal
On March 27, 2013, Delaware provided a submittal to satisfy section
110(a)(2) of the CAA requirements, that is the subject of this proposed
rulemaking, for the 2008 8-hour ozone NAAQS. This submittal addressed
the following infrastructure elements: Section 110(a)(2)(A), (B), (C),
(D), (E), (F), (G), (H), (J), (K), (L), and (M).
EPA has analyzed the above identified submission and is proposing
to make a determination that such submittal meets the requirements of
section 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M) of the CAA, with the exception of the Part
D, Title I nonattainment planning requirements of section 110(a)(2)(I),
and the portion of the submittal relating to section 110(a)(2)(D)(i)(I)
on which EPA will take separate actions. 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 action which is available
on line at www.regulations.gov, Docket number EPA-R03-OAR-2013-0408.
This proposed rulemaking action does not include 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. This
proposed rulemaking action also does not address section
110(a)(2)(D)(i)(I) of the CAA. In accordance with the decision of the
U.S. Court of Appeals for the District of Columbia (D.C. Circuit
Court), EPA at this time is not treating the 110(a)(2)(D)(i)(I) SIP
submission from Delaware as a required SIP submission. See EME Homer
City Generation, L.P. v. EPA, 696 F .3d 7 (D.C. Cir. 2012), cert.
granted, 2013 U.S. Lexis 4801 (2013). On June 24, 2013, the Supreme
Court granted the petitions of the United States and others and agreed
to review this D.C. Circuit Court decision. However, at this time the
D.C. Circuit Court decision remains in place and unless it is reversed
or otherwise modified by the Supreme Court, states are not required to
submit 110(a)(2)(D)(i)(I) SIPs until EPA has quantified their
obligations under that section. EPA will address the portion of
Delaware's March 27, 2013 SIP submittal addressing section
110(a)(2)(D)(i)(I) in a separate action.
III. Proposed Action
EPA is proposing to approve Delaware's submittal that provides the
basic program elements specified in section 110(a)(2)(A), (B), (C),
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M),
necessary to implement, maintain, and enforce the 2008 8-hour ozone
NAAQS, with the exception of the Part D, Title I nonattainment planning
requirements of section 110(a)(2)(I), and the portion of the submittal
relating to section 110(a)(2)(D)(i)(I) on which EPA will take separate
actions. EPA is soliciting public comments on the issues discussed in
this document. These comments will be considered before taking final
action.
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 proposes to approve 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 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.);
[[Page 53711]]
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 rulemaking action pertaining to
Delaware's section 110(a)(2) infrastructure requirements for the 2008
8-hour ozone 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, Ozone, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 20, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2013-21270 Filed 8-29-13; 8:45 am]
BILLING CODE 6560-50-P
