Approval and Promulgation of Air Quality Implementation Plans; Delaware; Infrastructure Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality Standards, 3506-3507 [2014-01066]
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Federal Register / Vol. 79, No. 14 / Wednesday, January 22, 2014 / Rules and Regulations
[FR Doc. 2014–01069 Filed 1–21–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2013–0492; FRL–9905–63–
Region–3]
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. Summary of SIP Revision
On October 24, 2013 (78 FR 63437),
EPA published a notice of proposed
rulemaking (NPR) for the State of
Delaware proposing approval of
Delaware’s May 29, 2013 SIP submittal
to satisfy several requirements of section
AGENCY: Environmental Protection
110(a)(2) of the CAA for the 2010 SO2
Agency (EPA).
NAAQS. In the NPR, EPA proposed
approval of the following infrastructure
ACTION: Final rule.
elements: Sections 110(a)(2)(A), (B), (C),
SUMMARY: The Environmental Protection (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K),
Agency (EPA) is approving a State
(L), and (M). The NPR does not include
Implementation Plan (SIP) revision
section 110(a)(2)(I), which pertains to
submitted by the State of Delaware
the nonattainment planning
pursuant to the Clean Air Act (CAA).
requirements of part D, Title I of the
Whenever new or revised national
CAA, since this element is not required
ambient air quality standards (NAAQS)
to be submitted by the 3-year
are promulgated, the CAA requires
submission deadline of section
states to submit a plan for the
110(a)(1), and will be addressed in a
implementation, maintenance, and
separate process. The NPR also did not
enforcement of such NAAQS. The plan
address section 110(a)(2)(D)(i)(I) of the
is required to address basic program
CAA. In accordance with the EME
elements, including, but not limited to
Homer City decision from the United
regulatory structure, monitoring,
States Court of Appeals for the District
modeling, legal authority, and adequate of Columbia Circuit, EPA at this time is
resources necessary to assure attainment not treating the 110(a)(2)(D)(i)(I) SIP
and maintenance of the standards.
submission from Delaware as a required
These elements are referred to as
SIP submission.
infrastructure requirements. The State of
See EME Homer City Generation, LP
Delaware has made a submittal
v. EPA, 696 F.3d 7 (D.C. Cir. 2012), cert.
addressing the infrastructure
granted, 2013 U.S. LEXIS 4801 (2013).
requirements for the 2010 sulfur dioxide Unless the EME Homer City decision is
(SO2) NAAQS.
reversed or otherwise modified by the
DATES: This final rule is effective on
Supreme Court, states such as Delaware
February 21, 2014.
are not required to submit section
ADDRESSES: EPA has established a
110(a)(2)(D)(i)(I) SIPs until EPA has
docket for this action under Docket ID
quantified their obligations under that
Number EPA–R03–OAR–2013–0492. All section. Therefore, EPA will address the
documents in the docket are listed in
portion of Delaware’s May 29, 2013 SIP
the www.regulations.gov Web site.
submittal addressing section
Although listed in the electronic docket, 110(a)(2)(D)(i)(I) in a separate action.
some information is not publicly
The rationale supporting EPA’s
available, i.e., confidential business
proposed action, including the scope of
information (CBI) or other information
infrastructure SIPs in general, is
whose disclosure is restricted by statute. explained in the NPR and the technical
Certain other material, such as
support document (TSD) accompanying
copyrighted material, is not placed on
the NPR and will not be restated here.
the Internet and will be publicly
The TSD is available online at
available only in hard copy form.
www.regulations.gov, Docket ID
Publicly available docket materials are
Number EPA–R03–OAR–2013–0492.
available either electronically through
www.regulations.gov or in hard copy for II. Final Action
EPA is approving as a revision to the
public inspection during normal
Delaware SIP, Delaware’s submittal
business hours at the Air Protection
Division, U.S. Environmental Protection which provides the basic program
elements specified in sections
Agency, Region III, 1650 Arch Street,
110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii),
Philadelphia, Pennsylvania 19103.
(E), (F), (G), (H), (J), (K), (L), and (M) of
Copies of the State submittal are
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Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Infrastructure Requirements
for the 2010 Sulfur Dioxide National
Ambient Air Quality Standards
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the CAA, necessary to implement,
maintain, and enforce the 2010 SO2
NAAQS. This rulemaking action does
not include approval of Delaware’s
submittal for sections 110(a)(2)(I) and
110(a)(2)(D)(i)(I), which EPA will
address in separate actions.
III. 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
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).
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Federal Register / Vol. 79, No. 14 / Wednesday, January 22, 2014 / Rules and Regulations
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 March 24, 2014. 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 SO2 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
Name of non-regulatory SIP
revision
Applicable
geographic
area
*
*
Section 110(a)(2) Infrastructure
Requirements for the 2010 SO2
NAAQS.
State
submittal
date
*
Statewide .......
5/29/13
BILLING CODE 6560–50–P
40 CFR Part 52
RIN 2060–AR52
Approval and Promulgation of State
Implementation Plans: Oregon
2013 Revisions to the Greenhouse Gas
Reporting Rule and Final
Confidentiality Determinations for New
or Substantially Revised Data
Elements
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BILLING CODE 1505–01–D
VerDate Mar<15>2010
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Jkt 232001
Environmental Protection
Agency (EPA).
ACTION: Final rule; correction.
AGENCY:
The Environmental Protection
Agency (EPA) published a final rule in
the Federal Register on November 29,
2013. The final rule amended the
Greenhouse Gas Reporting Rule to
implement technical corrections,
clarifying revisions, and other
amendments to improve the quality and
consistency of the data collected by the
SUMMARY:
PO 00000
Frm 00027
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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 SO2 NAAQS
at the end of the table to read as follows:
■
§ 52.420
*
Identification of plan.
*
*
(e) * * *
*
*
*
*
This rulemaking action addresses
the following CAA elements:
110(a)(2)(A), (B), (C), (D)(i)(II),
(D)(ii), (E), (F), (G), (H), (J), (K),
(L), and (M).
[EPA–HQ–OAR–2011–0028; FRL–9905–71–
OAR]
In Title 40 of the Code of Federal
Regulations, Part 52 (§§ 52.1019 to
52.2019), revised as of July 1, 2013, on
page 765, in § 52.1970, paragraphs
(c)(139)(ii)(C) introductory text, (1) and
(2) are moved to (c)(139)(i)(C)
introductory text, (1) and (2).
40 CFR part 52 is amended as follows:
*
*
1/22/14 [Insert Federal Register
page number where the document begins and date].
40 CFR Part 98
■
Dated: December 23, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
Additional explanation
ENVIRONMENTAL PROTECTION
AGENCY
CFR Correction
reference, Sulfur dioxide, Reporting and
recordkeeping requirements.
EPA approval date
ENVIRONMENTAL PROTECTION
AGENCY
[FR Doc. 2014–01066 Filed 1–21–14; 8:45 am]
3507
Sfmt 4700
EPA, including amendments to the
Reporting Rule’s table of global warming
potentials to revise the values for certain
greenhouse gases. An error in the
regulatory text is identified and
corrected in this action.
DATES: This final rule is effective on
January 22, 2014.
FOR FURTHER INFORMATION CONTACT:
Carole Cook, Climate Change Division,
Office of Atmospheric Programs (MC–
6207J), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone
number: (202) 343–9263; fax number:
(202) 343–2342; email address:
GHGReportingRule@epa.gov.
SUPPLEMENTARY INFORMATION: EPA
published a final rule document on
November 29, 2013 (78 FR 71904) that
amended the Greenhouse Gas Reporting
Rule to implement technical
corrections, clarifying revisions, and
other amendments. One of the
instruction headings was printed
incorrectly in the Federal Register.
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]]>Agencies
[Federal Register Volume 79, Number 14 (Wednesday, January 22, 2014)]
[Rules and Regulations]
[Pages 3506-3507]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01066]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2013-0492; FRL-9905-63-Region-3]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Infrastructure Requirements for the 2010 Sulfur Dioxide
National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by 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. The State of Delaware
has made a submittal addressing the infrastructure requirements for the
2010 sulfur dioxide (SO2) NAAQS.
DATES: This final rule is effective on February 21, 2014.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2013-0492. 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. Summary of SIP Revision
On October 24, 2013 (78 FR 63437), EPA published a notice of
proposed rulemaking (NPR) for the State of Delaware proposing approval
of Delaware's May 29, 2013 SIP submittal to satisfy several
requirements of section 110(a)(2) of the CAA for the 2010
SO2 NAAQS. In the NPR, EPA proposed approval of the
following infrastructure elements: Sections 110(a)(2)(A), (B), (C),
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). The
NPR does not include section 110(a)(2)(I), which pertains to the
nonattainment planning 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), and will be addressed in a
separate process. The NPR also did not address section
110(a)(2)(D)(i)(I) of the CAA. In accordance with the EME Homer City
decision from the United States Court of Appeals for the District of
Columbia Circuit, 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, LP v. EPA, 696 F.3d 7 (D.C. Cir.
2012), cert. granted, 2013 U.S. LEXIS 4801 (2013). Unless the EME Homer
City decision is reversed or otherwise modified by the Supreme Court,
states such as Delaware are not required to submit section
110(a)(2)(D)(i)(I) SIPs until EPA has quantified their obligations
under that section. Therefore, EPA will address the portion of
Delaware's May 29, 2013 SIP submittal addressing section
110(a)(2)(D)(i)(I) in a separate action.
The rationale supporting EPA's proposed action, including the scope
of infrastructure SIPs in general, is explained in the NPR and the
technical support document (TSD) accompanying the NPR and will not be
restated here. The TSD is available online at www.regulations.gov,
Docket ID Number EPA-R03-OAR-2013-0492.
II. Final Action
EPA is approving as a revision to the Delaware SIP, Delaware's
submittal which provides the basic program elements specified in
sections 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M) of the CAA, necessary to implement,
maintain, and enforce the 2010 SO2 NAAQS. This rulemaking
action does not include approval of Delaware's submittal for sections
110(a)(2)(I) and 110(a)(2)(D)(i)(I), which EPA will address in separate
actions.
III. 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 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).
[[Page 3507]]
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 March 24, 2014. 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 SO2 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, Sulfur dioxide, Reporting and recordkeeping requirements.
Dated: December 23, 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
SO2 NAAQS at the end of the table to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP Applicable geographic submittal EPA approval date Additional
revision area date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Infrastructure Statewide............. 5/29/13 1/22/14 [Insert This rulemaking
Requirements for the 2010 SO2 Federal Register action addresses
NAAQS. page number where the following CAA
the document elements:
begins and date]. 110(a)(2)(A),
(B), (C),
(D)(i)(II),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2014-01066 Filed 1-21-14; 8:45 am]
BILLING CODE 6560-50-P
