Approval and Promulgation of Air Quality Implementation Plans; Delaware; Infrastructure Requirements for the 2010 Nitrogen Dioxide National Ambient Air Quality Standards, 63877-63878 [2013-25025]
Download as PDF
<![CDATA[
Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations
major increase in costs or prices; or
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
companies to compete with foreignbased companies in domestic and
export markets.
List of Subjects in 28 CFR Part 524
Prisoners.
Charles E. Samuels, Jr.,
Director, Bureau of Prisons.
Under rulemaking authority vested in
the Attorney General in 5 U.S.C. 552(a)
and delegated to the Director, Bureau of
Prisons, we amend 28 CFR part 524 as
set forth below.
PART 524—CLASSIFICATION OF
INMATES
1. The authority citation for 28 CFR
part 524 continues to read as follows:
■
Authority: 5 U.S.C. 301; 18 U.S.C. 3521–
3528, 3621, 3622, 3624, 4001, 4042, 4046,
4081, 4082 (Repealed in part as to offenses
committed on or after November 1, 1987),
5006–5024 (Repealed October 12, 1984 as to
offenses committed after that date), 5039; 21
U.S.C. 848; 28 U.S.C. 509, 510.
2. In § 524.41, remove paragraphs (d)
and (e), redesignate paragraph (f) as (e),
and add a new paragraph (d) to read as
follows:
■
§ 524.41
Types of progress reports.
*
*
*
*
*
(d) Transfer report—prepared on an
inmate transferring to community
confinement or any non-Bureau facility.
*
*
*
*
*
[FR Doc. 2013–25166 Filed 10–24–13; 8:45 am]
BILLING CODE 4410–05–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2013–0392; FRL–9901–83–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Infrastructure Requirements
for the 2010 Nitrogen Dioxide National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
emcdonald on DSK67QTVN1PROD with RULES
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Delaware. The
SIP revision addresses the infrastructure
elements of the Clean Air Act (CAA),
SUMMARY:
VerDate Mar<15>2010
15:42 Oct 24, 2013
Jkt 232001
necessary to implement, maintain, and
enforce the 2010 nitrogen dioxide (NO2)
national ambient air quality standard
(NAAQS). EPA is approving this SIP
revision in accordance with the
requirements of the CAA.
DATES: This final rule is effective on
November 25, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2013–0392. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., 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 either electronically through
www.regulations.gov or in hard copy for
public inspection 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:
I. Background
On August 14, 2013 (78 FR 49409),
EPA published a notice of proposed
rulemaking (NPR) for the State of
Delaware. In the NPR, EPA proposed
approval of Delaware’s submittal that
provides the basic elements specified in
section 110(a)(2) of the CAA, necessary
to implement, maintain, and enforce the
2010 NO2 NAAQS.
II. Summary of SIP Revision
On March 27, 2013, the Delaware
Department of Natural Resources and
Environmental Control (DNREC)
submitted a SIP revision that addresses
the infrastructure elements specified in
section 110(a)(2) of the CAA, necessary
to implement, maintain and enforce the
2010 NO2 NAAQS. This submittal
addressed the following infrastructure
elements of section 110(a)(2): (A), (B),
(C), (D), (E), (F), (G), (H), (I), (J), (K), (L),
and (M).
Specific requirements of section
110(a)(2) of the CAA and the rationale
for EPA’s proposed action to approve
the SIP submittal are explained in the
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
63877
NPR and the technical support
document (TSD) and will not be restated
here. No public comments were
received on the NPR.
III. Final Action
EPA is approving Delaware’s
submittal which provides the basic
program elements specified in section
110(a)(2)(A), (B), (C), (D), (E), (F), (G),
(H), (J), (K), (L), and (M) of the CAA,
necessary to implement, maintain, and
enforce the 2010 NO2 NAAQS, as a
revision to the Delaware SIP. This
rulemaking action is being taken under
section 110 of the CAA. This
rulemaking action does not include
approval of Delaware’s submittal for
section of 110(a)(2)(I) of the CAA which
pertains to the nonattainment
requirements of part D, Title I of the
CAA, since 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.
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
E:\FR\FM\25OCR1.SGM
25OCR1
63878
Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations
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
*
*
Section 110(a)(2) Infrastructure
Requirements for the 2010 NO2
NAAQS.
Dated: September 24, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart I—Delaware
2. In § 52.420, the table in paragraph
(e) is amended by adding an entry for
Section 110(a)(2) Infrastructure
Requirements for the 2010 NO2 NAAQS
at the end of the table to read as follows:
■
§ 52.420
*
Identification of plan.
*
*
(e) * * *
*
*
Additional explanation
*
Statewide ........
3/27/13
*
*
10/25/13 [Insert Federal Register
page number where the document begins and date].
*
*
This action addresses the following
CAA
elements:
110(a)(2)(A), (B), (C), (D), (E),
(F), (G), (H), (J), (K), (L), and
(M).
40 CFR Part 52
[EPA–R03–OAR–2013–0594; FRL–9901–80–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Revised Ambient Air Quality Standards
for Fine Particulate Matter
Environmental Protection
Agency (EPA).
AGENCY:
Direct final rule.
Jkt 232001
EPA is taking direct final
action to approve revisions to the
Commonwealth of Virginia State
Implementation Plan (SIP). The
revisions add ambient air quality
standards and associated reference
conditions for Fine Particulate Matter
(PM2.5) that are consistent with the 2013
National Ambient Air Quality Standards
(NAAQS) for PM2.5. EPA is approving
these revisions in accordance with the
requirements of the Clean Air Act
(CAA).
SUMMARY:
ENVIRONMENTAL PROTECTION
AGENCY
emcdonald on DSK67QTVN1PROD with RULES
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Reporting
and recordkeeping requirements.
EPA approval date
BILLING CODE 6560–50–P
15:42 Oct 24, 2013
List of Subjects in 40 CFR Part 52
State submittal
date
[FR Doc. 2013–25025 Filed 10–24–13; 8:45 am]
VerDate Mar<15>2010
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 December 24, 2013. 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 pertaining to Delaware’s
section 110(a)(2) infrastructure elements
for the 2010 NO2 NAAQS, may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
Applicable
geographic or
nonattainment
area
Name of non-regulatory SIP
revision
ACTION:
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).
This rule is effective on
December 24, 2013 without further
notice, unless EPA receives adverse
written comment by November 25,
2013. If EPA receives such comments, it
will publish a timely withdrawal of the
direct final rule in the Federal Register
DATES:
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
and inform the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2013–0594 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–2013–0594,
Cristina Fernandez, Associate Director,
Office of Air Program Planning, Air
Protection Division, 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
E:\FR\FM\25OCR1.SGM
25OCR1
]]>Agencies
[Federal Register Volume 78, Number 207 (Friday, October 25, 2013)]
[Rules and Regulations]
[Pages 63877-63878]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25025]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2013-0392; FRL-9901-83-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Infrastructure Requirements for the 2010 Nitrogen Dioxide
National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Delaware. The SIP revision addresses the
infrastructure elements of the Clean Air Act (CAA), necessary to
implement, maintain, and enforce the 2010 nitrogen dioxide
(NO2) national ambient air quality standard (NAAQS). EPA is
approving this SIP revision in accordance with the requirements of the
CAA.
DATES: This final rule is effective on November 25, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2013-0392. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., 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 either electronically through www.regulations.gov or in hard
copy for public inspection 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:
I. Background
On August 14, 2013 (78 FR 49409), EPA published a notice of
proposed rulemaking (NPR) for the State of Delaware. In the NPR, EPA
proposed approval of Delaware's submittal that provides the basic
elements specified in section 110(a)(2) of the CAA, necessary to
implement, maintain, and enforce the 2010 NO2 NAAQS.
II. Summary of SIP Revision
On March 27, 2013, the Delaware Department of Natural Resources and
Environmental Control (DNREC) submitted a SIP revision that addresses
the infrastructure elements specified in section 110(a)(2) of the CAA,
necessary to implement, maintain and enforce the 2010 NO2
NAAQS. This submittal addressed the following infrastructure elements
of section 110(a)(2): (A), (B), (C), (D), (E), (F), (G), (H), (I), (J),
(K), (L), and (M).
Specific requirements of section 110(a)(2) of the CAA and the
rationale for EPA's proposed action to approve the SIP submittal are
explained in the NPR and the technical support document (TSD) and will
not be restated here. No public comments were received on the NPR.
III. Final Action
EPA is approving Delaware's submittal which provides the basic
program elements specified in section 110(a)(2)(A), (B), (C), (D), (E),
(F), (G), (H), (J), (K), (L), and (M) of the CAA, necessary to
implement, maintain, and enforce the 2010 NO2 NAAQS, as a
revision to the Delaware SIP. This rulemaking action is being taken
under section 110 of the CAA. This rulemaking action does not include
approval of Delaware's submittal for section of 110(a)(2)(I) of the CAA
which pertains to the nonattainment requirements of part D, Title I of
the CAA, since 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.
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
[[Page 63878]]
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 December 24, 2013. 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 pertaining to Delaware's section 110(a)(2)
infrastructure elements for the 2010 NO2 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, Nitrogen dioxide, Reporting and recordkeeping requirements.
Dated: September 24, 2013.
W.C. Early,
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 2010
NO2 NAAQS at the end of the table to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State submittal Additional
revision or nonattainment area date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Infrastructure Statewide............ 3/27/13 10/25/13 [Insert This action
Requirements for the 2010 NO2 Federal Register addresses the
NAAQS. page number where following CAA
the document elements:
begins and date]. 110(a)(2)(A),
(B), (C), (D),
(E), (F), (G),
(H), (J), (K),
(L), and (M).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2013-25025 Filed 10-24-13; 8:45 am]
BILLING CODE 6560-50-P
