Approval and Promulgation of Implementation Plans; Delaware; Regional Haze Five-Year Progress Report State Implementation Plan, 25506-25508 [2014-10111]
Download as PDF
<![CDATA[
25506
Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Rules and Regulations
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ and Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review’’
PART 312—OFFICE OF THE
INSPECTOR GENERAL (OIG) PRIVACY
PROGRAM
It has been determined that this rule
is not a significant rule. This rule does
not (1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy; a sector of the economy;
productivity; competition; jobs; the
environment; public health or safety; or
State, local, or tribal governments or
communities; (2) Create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another Agency; (3) Materially alter the
budgetary impact of entitlements,
grants, user fees, or loan programs, or
the rights and obligations of recipients
thereof; or (4) Raise novel legal or policy
issues arising out of legal mandates, the
President’s priorities, or the principles
set forth in these Executive orders.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. Chapter 6)
This rule will not have significant
economic impact on a substantial
number of small entities because it is
concerned only with the administration
of Privacy Act systems of records within
the Department of Defense. A
Regulatory Flexibility Analysis is not
required.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
This rule does not contain any
information collection requirements
subject to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
Section 202, Public Law 104–4,
‘‘Unfunded Mandates Reform Act’’
These amendments do not involve a
Federal mandate that may result in the
expenditure by State, local and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
and that such rulemaking will not
significantly or uniquely affect small
governments.
1. The authority citation for 32 CFR
part 312 continues to read as follows:
■
Authority: Pub. L. 93–579, 88 Stat. 1896
(5 U.S.C. 552a).
2. Section 312.12 is amended by
adding paragraph (k) to read as follows:
■
§ 312.12
Exemptions.
*
*
*
*
*
(k) System identifier: CIG–29.
(1) System Name: Privacy and Civil
Liberties Complaint Reporting System.
(2) Exemptions: Any portion of this
record system which falls within the
provisions of 5 U.S.C. 552a (j)(2),
(k)(2)and (k)(5) may be exempt from the
following subsections of 5 U.S.C. 552a:
(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H),
(e)(4)(I).
(3) Authority: 5 U.S.C. 552a(j)(2),
(k)(2), and (k)(5).
(4) Reasons: To ensure the integrity of
the privacy and civil liberties process.
The execution requires that information
be provided in a free and open manner
without fear of retribution or
harassment in order to facilitate a just,
thorough, and timely resolution of the
complaint or inquiry. Disclosures from
this system can enable individuals to
conceal their wrongdoing or mislead the
course of the investigation by
concealing, destroying, or fabricating
evidence or documents. In addition,
disclosures can subject sources and
witnesses to harassment or intimidation
which may cause individuals not to
seek redress for wrongs through privacy
and civil liberties channels for fear of
retribution or harassment. There is a
clear need to protect national security
information from inadvertent
disclosure.
Dated: April 30, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2014–10190 Filed 5–2–14; 8:45 am]
BILLING CODE 5001–06–P
wreier-aviles on DSK5TPTVN1PROD with RULES
Executive Order 13132, ‘‘Federalism’’
These amendments do not have
substantial direct effects on the States,
on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government. Therefore, no
Federalism assessment is required.
List of Subjects in 32 CFR Part 312
Privacy.
Accordingly, 32 CFR part 312 is
amended as follows:
VerDate Mar<15>2010
15:36 May 02, 2014
Jkt 232001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2014–0005; FRL–9910–33–
Region 3]
Approval and Promulgation of
Implementation Plans; Delaware;
Regional Haze Five-Year Progress
Report State Implementation Plan
Environmental Protection
Agency (EPA).
AGENCY:
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
ACTION:
Final rule.
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Delaware
through the Delaware Department of
Natural Resources and Environmental
Control (DNREC). Delaware’s SIP
revision addresses requirements of the
Clean Air Act (CAA) and EPA’s rules
that require states to submit periodic
reports describing progress towards
reasonable progress goals (RPGs)
established for regional haze and a
determination of the adequacy of the
state’s existing implementation plan
addressing regional haze (regional haze
SIP). EPA is approving Delaware’s SIP
revision on the basis that it addresses
the progress report and adequacy
determination requirements for the first
implementation period for regional
haze.
DATES: This final rule is effective on
June 4, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2014–0005. 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:
Irene Shandruk, (215) 814–2166, or by
email at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
On February 25, 2014 (79 FR 10442),
EPA published a notice of proposed
rulemaking (NPR) for the State of
Delaware. In the NPR, EPA proposed
approval of Delaware’s progress report
SIP, a report on progress made in the
first implementation period towards
RPGs for the Class I area outside the
State that is affected by emissions from
E:\FR\FM\05MYR1.SGM
05MYR1
Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Rules and Regulations
Delaware’s sources. This progress report
SIP and accompanying cover letter also
included a determination that
Delaware’s existing regional haze SIP
requires no substantive revision to
achieve the established regional haze
visibility improvement and emissions
reduction goals for 2018.
States are required to submit a
progress report in the form of a SIP
revision every five years that evaluates
progress towards the RPGs for each
mandatory Class I Federal area within
the state and in each mandatory Class I
Federal area outside the state which
may be affected by emissions from
within the state. See 40 CFR 51.308(g).
In addition, the provisions under 40
CFR 51.308(h) require states to submit,
at the same time as the 40 CFR 51.308(g)
progress report, a determination of the
adequacy of the state’s existing regional
haze SIP. The first progress report SIP
is due five years after submittal of the
initial regional haze SIP. On September
25, 2008, Delaware DNREC submitted
the State’s first regional haze SIP in
accordance with 40 CFR 51.308(b).1 The
progress report SIP revision was
submitted by Delaware on September
24, 2013, and EPA finds that it satisfies
the requirements of 40 CFR 51.308(g)
and 308(h).
wreier-aviles on DSK5TPTVN1PROD with RULES
II. Summary of SIP Revision
Delaware’s September 24, 2013
progress report SIP addresses progress
made towards RPGs of the Class I area
outside the State that is affected by
emissions from Delaware’s sources. This
progress report SIP also includes a
determination of the adequacy of the
State’s existing regional haze SIP.
Delaware does not have any Class I
areas within its borders. However, in
Delaware’s September 25, 2008 regional
haze SIP submittal, DNREC had
identified, through an area of influence
modeling analysis based on back
trajectories in consultation with the
regional planning organization, MidAtlantic/Northeast Visibility Union
(MANE–VU), only one Class I area,
Edwin B. Forsythe National Wildlife
Refuge (Brigantine Wilderness Area), in
the neighboring State of New Jersey, that
can be potentially impacted by
Delaware sources. See 76 FR 42557 (July
19, 2011).
The provisions in 40 CFR 51.308(g)
require a progress report SIP to address
seven elements. EPA finds that
Delaware’s progress report SIP
addressed each element under 40 CFR
1 On July 19, 2011, EPA finalized an approval of
Delaware’s September 25, 2008 regional haze SIP to
address the first implementation period for regional
haze. See 76 FR 42557.
VerDate Mar<15>2010
15:36 May 02, 2014
Jkt 232001
51.308(g). The seven elements and
EPA’s conclusion are briefly
summarized below; however, the
detailed rationale for EPA’s action is
explained in the NPR and will not be
restated here. No public comments were
received on the NPR.
The provisions in 40 CFR 51.308(g)
require progress report SIPs to include
a description of the status of measures
in the approved regional haze SIP; a
summary of emissions reductions
achieved; an assessment of visibility
conditions for each Class I area in the
state; an analysis of changes in
emissions from sources and activities
within the state; an assessment of any
significant changes in anthropogenic
emissions within or outside the state
that have limited or impeded progress
in Class I areas impacted by the state’s
sources; an assessment of the
sufficiency of the approved regional
haze SIP; and a review of the state’s
visibility monitoring strategy. As
explained in detail in the NPR, EPA
finds that Delaware’s progress report SIP
addressed each element and has
therefore satisfied the requirements
under 40 CFR 51.308(g).
In addition, pursuant to 40 CFR
51.308(h), states are required to submit,
at the same time as the progress report
SIP, a determination of the adequacy of
their existing regional haze SIP and to
take one of four possible actions based
on information in the progress report.
One possible action is submission of a
negative declaration to EPA that no
further substantive revision to the state’s
existing regional haze SIP is needed. In
its progress report SIP, Delaware
submitted a negative declaration that it
had determined that the existing
regional haze SIP requires no further
substantive revision to achieve the RPGs
for the Class I area affected by
Delaware’s sources. As explained in
detail in the NPR, EPA concludes
Delaware has adequately addressed 40
CFR 51.308(h) because the visibility
data trends at the Class I area impacted
by Delaware’s sources and the emissions
trends of Delaware’s largest emitters of
visibility-impairing pollutants both
indicate that Brigantine Wilderness
Area, which is the Class I area impacted
by Delaware sources, will be able to
meet or exceed the RPGs for 2018.
III. Final Action
EPA is approving Delaware’s Regional
Haze five-year progress report SIP
revision, submitted September 24, 2013,
as meeting the applicable regional haze
requirements as set forth in 40 CFR
51.308(g) and 51.308(h).
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
25507
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
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
E:\FR\FM\05MYR1.SGM
05MYR1
25508
Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Rules and Regulations
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).
Name of non-regulatory
SIP revision
*
Regional Haze Five-Year
Progress Report.
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–HQ–OAR–2013–0802; FRL 9909–24–
OAR]
RIN 2060–AS15
Technical Amendments to Inadvertent
Errors in Air Quality Designations for
Fine Particles, Ozone, Lead, Nitrogen
Dioxide and Sulfur Dioxide
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to make technical amendments to
address several minor, inadvertent and
nonsubstantive errors in the regulatory
text establishing the air quality
designations for certain areas in
fourteen states for the 1997 Fine
Particles (PM2.5) National Ambient Air
Quality Standard (NAAQS), the 2008
Ozone NAAQS, the 2008 Lead NAAQS,
SUMMARY:
15:36 May 02, 2014
Jkt 232001
requirements, Sulfur dioxide, Volatile
organic compounds.
Dated: April 21, 2014.
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
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Particulate matter,
Reporting and recordkeeping
2. In § 52.420, the table in paragraph
(e) is amended by adding the entry for
Regional Haze Five-Year Progress
Report at the end of the table to read as
follows:
§ 52.420
*
Statewide ................................
BILLING CODE 6560–50–P
wreier-aviles on DSK5TPTVN1PROD with RULES
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 July 7, 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 to approve Delaware’s
regional haze five-year progress report
SIP revision may not be challenged later
in proceedings to enforce its
requirements. (See section 307(b)(2).)
Applicable geographic or
nonattainment area
[FR Doc. 2014–10111 Filed 5–2–14; 8:45 am]
VerDate Mar<15>2010
C. Petitions for Judicial Review
State
submittal
date
*
9/24/13
Frm 00026
Fmt 4700
*
Identification of plan.
*
*
(e) * * *
*
*
5/5/14 [Insert page number
where the document begins].
Sfmt 4700
*
*
Additional
explanation
EPA approval date
the 2010 Nitrogen Dioxide (NO2)
NAAQS and the 2010 Sulfur Dioxide
(SO2) NAAQS. The states are: Alabama,
Florida, Georgia, Idaho, Indiana, Iowa,
Minnesota, Missouri, North Carolina,
Ohio, Oregon, Tennessee, Washington
and Wisconsin. This action does not
change the designation for any area.
DATES: This rule is effective on August
4, 2014 without further notice, unless
the EPA receives adverse comment by
June 4, 2014. If the EPA receives adverse
comment, we will publish a timely
withdrawal in the Federal Register
informing the public that this rule, or
the relevant provisions of this rule, will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2013–0802, by one of the
following methods:
• www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• Email: a-and-r-Docket@
epamail.epa.gov, Attention Docket ID
No. EPA–HQ–OAR–2013–0802.
• Fax: (202) 566–1541, Attention
Docket ID No. EPA–HQ–OAR–2013–
0802.
• Mail: Docket ID No. EPA–HQ–
OAR–2013–0802, Environmental
PO 00000
■
*
Protection Agency, Mailcode: 6102T,
1200 Pennsylvania Ave. NW.,
Washington, DC 20460.
• Hand Delivery: EPA Docket Center,
U.S. Environmental Protection Agency,
1301 Constitution Avenue NW., Room:
3334, Mail Code: 6102T, Washington,
DC 20460, Attention Docket ID No.
EPA–HQ–OAR–2013–0802. 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–HQ–OAR–2013–
0802. The 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 the EPA will not know
your identity or contact information
E:\FR\FM\05MYR1.SGM
05MYR1
]]>Agencies
[Federal Register Volume 79, Number 86 (Monday, May 5, 2014)]
[Rules and Regulations]
[Pages 25506-25508]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10111]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2014-0005; FRL-9910-33-Region 3]
Approval and Promulgation of Implementation Plans; Delaware;
Regional Haze Five-Year Progress Report State Implementation Plan
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
through the Delaware Department of Natural Resources and Environmental
Control (DNREC). Delaware's SIP revision addresses requirements of the
Clean Air Act (CAA) and EPA's rules that require states to submit
periodic reports describing progress towards reasonable progress goals
(RPGs) established for regional haze and a determination of the
adequacy of the state's existing implementation plan addressing
regional haze (regional haze SIP). EPA is approving Delaware's SIP
revision on the basis that it addresses the progress report and
adequacy determination requirements for the first implementation period
for regional haze.
DATES: This final rule is effective on June 4, 2014.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0005. 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: Irene Shandruk, (215) 814-2166, or by
email at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On February 25, 2014 (79 FR 10442), EPA published a notice of
proposed rulemaking (NPR) for the State of Delaware. In the NPR, EPA
proposed approval of Delaware's progress report SIP, a report on
progress made in the first implementation period towards RPGs for the
Class I area outside the State that is affected by emissions from
[[Page 25507]]
Delaware's sources. This progress report SIP and accompanying cover
letter also included a determination that Delaware's existing regional
haze SIP requires no substantive revision to achieve the established
regional haze visibility improvement and emissions reduction goals for
2018.
States are required to submit a progress report in the form of a
SIP revision every five years that evaluates progress towards the RPGs
for each mandatory Class I Federal area within the state and in each
mandatory Class I Federal area outside the state which may be affected
by emissions from within the state. See 40 CFR 51.308(g). In addition,
the provisions under 40 CFR 51.308(h) require states to submit, at the
same time as the 40 CFR 51.308(g) progress report, a determination of
the adequacy of the state's existing regional haze SIP. The first
progress report SIP is due five years after submittal of the initial
regional haze SIP. On September 25, 2008, Delaware DNREC submitted the
State's first regional haze SIP in accordance with 40 CFR 51.308(b).\1\
The progress report SIP revision was submitted by Delaware on September
24, 2013, and EPA finds that it satisfies the requirements of 40 CFR
51.308(g) and 308(h).
---------------------------------------------------------------------------
\1\ On July 19, 2011, EPA finalized an approval of Delaware's
September 25, 2008 regional haze SIP to address the first
implementation period for regional haze. See 76 FR 42557.
---------------------------------------------------------------------------
II. Summary of SIP Revision
Delaware's September 24, 2013 progress report SIP addresses
progress made towards RPGs of the Class I area outside the State that
is affected by emissions from Delaware's sources. This progress report
SIP also includes a determination of the adequacy of the State's
existing regional haze SIP. Delaware does not have any Class I areas
within its borders. However, in Delaware's September 25, 2008 regional
haze SIP submittal, DNREC had identified, through an area of influence
modeling analysis based on back trajectories in consultation with the
regional planning organization, Mid-Atlantic/Northeast Visibility Union
(MANE-VU), only one Class I area, Edwin B. Forsythe National Wildlife
Refuge (Brigantine Wilderness Area), in the neighboring State of New
Jersey, that can be potentially impacted by Delaware sources. See 76 FR
42557 (July 19, 2011).
The provisions in 40 CFR 51.308(g) require a progress report SIP to
address seven elements. EPA finds that Delaware's progress report SIP
addressed each element under 40 CFR 51.308(g). The seven elements and
EPA's conclusion are briefly summarized below; however, the detailed
rationale for EPA's action is explained in the NPR and will not be
restated here. No public comments were received on the NPR.
The provisions in 40 CFR 51.308(g) require progress report SIPs to
include a description of the status of measures in the approved
regional haze SIP; a summary of emissions reductions achieved; an
assessment of visibility conditions for each Class I area in the state;
an analysis of changes in emissions from sources and activities within
the state; an assessment of any significant changes in anthropogenic
emissions within or outside the state that have limited or impeded
progress in Class I areas impacted by the state's sources; an
assessment of the sufficiency of the approved regional haze SIP; and a
review of the state's visibility monitoring strategy. As explained in
detail in the NPR, EPA finds that Delaware's progress report SIP
addressed each element and has therefore satisfied the requirements
under 40 CFR 51.308(g).
In addition, pursuant to 40 CFR 51.308(h), states are required to
submit, at the same time as the progress report SIP, a determination of
the adequacy of their existing regional haze SIP and to take one of
four possible actions based on information in the progress report. One
possible action is submission of a negative declaration to EPA that no
further substantive revision to the state's existing regional haze SIP
is needed. In its progress report SIP, Delaware submitted a negative
declaration that it had determined that the existing regional haze SIP
requires no further substantive revision to achieve the RPGs for the
Class I area affected by Delaware's sources. As explained in detail in
the NPR, EPA concludes Delaware has adequately addressed 40 CFR
51.308(h) because the visibility data trends at the Class I area
impacted by Delaware's sources and the emissions trends of Delaware's
largest emitters of visibility-impairing pollutants both indicate that
Brigantine Wilderness Area, which is the Class I area impacted by
Delaware sources, will be able to meet or exceed the RPGs for 2018.
III. Final Action
EPA is approving Delaware's Regional Haze five-year progress report
SIP revision, submitted September 24, 2013, as meeting the applicable
regional haze requirements as set forth in 40 CFR 51.308(g) and
51.308(h).
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 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
[[Page 25508]]
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 July 7, 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 to approve Delaware's regional haze five-year progress
report SIP revision 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, Intergovernmental relations, Nitrogen oxides, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide,
Volatile organic compounds.
Dated: April 21, 2014.
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 the
entry for Regional Haze Five-Year Progress Report at the end of the
table to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of non-regulatory SIP geographic or submittal EPA approval date Additional
revision nonattainment area date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Regional Haze Five-Year Progress Statewide........... 9/24/13 5/5/14 [Insert page ....................
Report. number where the
document begins].
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2014-10111 Filed 5-2-14; 8:45 am]
BILLING CODE 6560-50-P
