Air Plan Approval; Delaware; Infrastructure Requirements for the 2012 Fine Particulate Matter Standard, 25211-25213 [2017-11085]
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Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Proposed Rules
emissions reductions, and potential
2017 QM reporting metrics for the
control measures discussed above,
including wood stove and open burning
curtailment days, wood stove changeouts, and road sanding agreements.
Idaho’s proposed QMs are consistent
with EPA’s suggested metrics and will
provide an objective way to determine
whether the area is making necessary
progress towards attainment. Therefore,
the commitment letter demonstrates that
the State will, within one year of EPA’s
finalization, revise the Idaho attainment
plan to satisfy the QM requirement.8
Lastly, with respect to MVEBs, Idaho
calculated projected 2014 emission
budgets based on the former subpart 1
attainment deadline of December 2014.
On April 25, 2017, Idaho requested that
the EPA approve the submitted 2014
MVEBs as early progress budgets.9 We
have concluded that the submitted
budgets are consistent with making
progress toward attaining the 2006 PM2.5
NAAQS by December 31, 2015, because
the budgets show reduced emissions
from the motor vehicle sector over time.
Therefore, we are proposing approval of
the submitted 2014 MVEBs as early
progress budgets. We are also proposing
to conditionally approve Idaho’s
commitment to submit MVEBs for the
2015 attainment year.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
II. Proposed Action
For the reasons discussed above, the
EPA is proposing to approve the
attainment demonstration in the Idaho
attainment plan for the Idaho portion of
the Logan UT-ID area. The EPA is also
proposing to approve the 2014 MVEBs
as early progress budgets, in that they
are consistent with making progress
toward attainment of the 2006 PM2.5
NAAQS by December 31, 2015. Lastly,
the EPA is proposing to conditionally
approve RFP, QMs, and revised MVEBs
in the Idaho attainment plan, based on
8 Our confidence in Idaho’s ability to
expeditiously revise the Idaho attainment plan to
include valid QMs is bolstered by the information
the State submitted in a February 26, 2016 letter.
Specifically, the February 26, 2016 letter provides
a list of all woodstove and open burning
curtailment days that have occurred in the Idaho
portion of the Logan, UT-ID area since the program
was established, along with the public outreach
materials and criteria used in forecasting
curtailment days. The letter also gives a listing of
all woodstove change-outs conducted in the area to
date and quantifies the estimated emission
reductions achieved through those change-outs
since 2006. Lastly, the letter details compliance
with the road sanding agreements documenting the
amount of sand and salt used by Franklin County
Road and Bridge verifying that the local agency has
met its obligations since these agreements were put
in place in 2012.
9 Early progress budgets for PM
2.5 areas were
discussed in the July 1, 2004 transportation
conformity final rule. (See 69 FR 40030–1.)
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IDEQ’s April 25, 2017 commitment to
adopt and submit updated plan
elements to meet these requirements.
Under a conditional approval, the State
must adopt and submit the specific
revisions it has committed to by a date
certain but not later than within one
year of the EPA’s finalization.10 If the
EPA fully approves the submittal of the
revisions specified in the commitment
letter, the conditional nature of the
approval would be removed and the
submittal would become fully approved.
If the State does not submit these
revisions by a date certain within one
year of final action, or if the EPA finds
the State’s revisions to be incomplete, or
EPA disapproves the State’s revisions, a
conditional approval will convert to a
disapproval. If any of these occur and
the EPA’s conditional approval converts
to a disapproval, that will constitute a
disapproval of a required plan element
under part D of title I of the Act, which
starts an 18-month clock for sanctions,
see section 179(a)(2), and the two-year
clock for a Federal Implementation Plan
(FIP), see CAA section 110(c)(1)(B).
III. Statutory and Executive Orders
Review
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
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 action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
10 In IDEQ’s April 25, 2017 commitment letter,
IDEQ committed to a date certain to submit
revisions by August 1, 2018, which we anticipate
will be within one year of the effective date of final
action.
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25211
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
this action does not involve technical
standards; and
• Does not provide the 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).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where the EPA or an Indian
tribe has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: May 15, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2017–11226 Filed 5–31–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2017–0152; FRL–9962–45–
Region 3]
Air Plan Approval; Delaware;
Infrastructure Requirements for the
2012 Fine Particulate Matter Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
SUMMARY:
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Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Proposed Rules
portions of a state implementation plan
(SIP) revision submittal from the State
of Delaware pursuant to the Clean Air
Act (CAA). Whenever new or revised
national ambient air quality standards
(NAAQS) are promulgated, the CAA
requires states to submit a plan for the
implementation, maintenance, and
enforcement of such NAAQS. The plan
is required to address basic program
elements, including, but not limited to,
regulatory structure, monitoring,
modeling, legal authority, and adequate
resources necessary to assure attainment
and maintenance of the standards.
These elements are referred to as
infrastructure requirements. Delaware
made a SIP submittal to address the
infrastructure requirements for the 2012
fine particulate matter (PM2.5) NAAQS.
This action proposes to approve
portions of this submittal pursuant to
section 110 of the CAA. EPA is not
proposing any action on the portion of
the submittal which addresses interstate
transport of emissions and intends to
take later separate action on this
portion.
Written comments must be
received on or before July 3, 2017.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2017–0152 at https://
www.regulations.gov, or via email to
rehn.brian@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
ADDRESSES:
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FOR FURTHER INFORMATION CONTACT:
Gavin Huang, (215) 814–2042, or by
email at huang.gavin@epa.gov.
SUPPLEMENTARY INFORMATION: On
December 14, 2015, the State of
Delaware, through 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 2012 PM2.5 NAAQS.
I. Background
On July 18, 1997, EPA promulgated a
new 24-hour and a new annual NAAQS
for PM2.5 (62 FR 38652). On October 17,
2006, EPA revised the NAAQS for
PM2.5, tightening the 24-hour PM2.5
standard from 65 micrograms per cubic
meter (mg/m3) to 35 mg/m3, and retaining
the annual PM2.5 NAAQS at 15 mg/m3
(71 FR 61144). Subsequently, on
December 14, 2012, EPA revised the
level of the health based (primary)
annual PM2.5 NAAQS to 12 mg/m3. See
78 FR 3086 (January 15, 2013).1
Pursuant to section 110(a)(1) of the
CAA, states are required to submit a SIP
revision to address 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 to assure
attainment and maintenance of the
NAAQS—such as requirements for
monitoring, basic program
requirements, and legal authority.
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 of each NAAQS and what
is in each state’s existing SIP. In
particular, the data and analytical tools
available at the time the state develops
and submits the SIP revision for a new
or revised NAAQS affect 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.
Specifically, section 110(a)(1)
provides the procedural and timing
requirements for SIP submissions.
Section 110(a)(2) lists specific elements
that states must meet for infrastructure
SIP requirements related to a newly
established or revised NAAQS such as
requirements for monitoring, basic
1 In EPA’s 2012 PM
2.5 NAAQS revision, EPA left
unchanged the existing welfare (secondary)
standards for PM2.5 to address particulate matter
(PM) related effects such as visibility impairment,
ecological effects, damage to materials and climate
impacts. This includes a secondary annual standard
of 15 mg/m3 and a 24-hour standard of 35 mg/m3.
PO 00000
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Fmt 4702
Sfmt 4702
program requirements, and legal
authority that are designed to assure
attainment and maintenance of the
NAAQS.
II. Summary of SIP Revision and EPA
Analysis
On December 14, 2015, EPA received
a SIP revision submittal from DNREC in
order to satisfy the requirements of
section 110(a)(2) of the CAA for the
2012 PM2.5 NAAQS. EPA reviewed the
submittal and determined that it
addressed the following infrastructure
elements: Section 110(a)(2)(A), (B), (C),
(D)(i)(I), (D)(i)(II), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M) of the CAA. A
detailed summary of EPA’s review and
rationale for approving Delaware’s
submittal may be found in the Technical
Support Document (TSD) for this
rulemaking action, which is available on
line at www.regulations.gov, Docket ID
Number EPA–R03–OAR–2017–0152.
This rulemaking action does not include
any proposed action on 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 if
necessary.
Although Delaware’s December 14,
2015 SIP submission contained
provisions to address section
110(a)(2)(D)(i)(I) of the CAA, EPA is not
proposing any action on the portion of
the December 14, 2015 submittal which
addresses section 110(a)(2)(D)(i)(I)
regarding the interstate transport of
emissions. EPA intends to take later
separate action on this portion of
Delaware’s December 14, 2015
submittal. EPA is soliciting public
comments on the issues discussed in
this document. These comments will be
considered before taking final action.
III. Proposed Action
EPA is proposing to approve the
portions of Delaware’s December 14,
2015 SIP revision which address for the
following elements of section 110(a)(2)
of the CAA for the 2012 PM2.5 NAAQS:
(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M). Delaware’s
December 14, 2015 SIP revision
addressing 110(a)(2)(A–C), (D)(i)(II) and
(D)(ii), (E–H), and (J–M) provides the
basic program elements specified in
section 110(a)(2) of the CAA necessary
to implement, maintain, and enforce the
2012 PM2.5 NAAQS. EPA will take
separate action, at a future date, on the
portion of the December 14, 2015 SIP
revision addressing section
110(a)(2)(D)(i)(I) (interstate transport of
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Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Proposed Rules
jstallworth on DSK7TPTVN1PROD with PROPOSALS
emissions) for the 2012 PM2.5 NAAQS.
This proposed rulemaking action does
not include action on section
110(a)(2)(I) of the CAA which pertains
to the nonattainment planning
requirements of part D, title I of the
CAA, because this element is not
required to be submitted by the 3-year
submission deadline of section 110(a)(1)
of the CAA, and will be addressed in a
separate process if necessary.
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 approves 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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L 104–4);
• does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
VerDate Sep<11>2014
15:36 May 31, 2017
Jkt 241001
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed rule to
approve portions of Delaware’s
December 14, 2015 SIP for section
110(a)(2) infrastructure requirements for
the 2012 PM2.5 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, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 26, 2017.
John A. Armstead,
Acting Regional Administrator, Region III.
[FR Doc. 2017–11085 Filed 5–31–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2017–0255; FRL–9963–08Region 9]
Air Plan Approval; Arizona; Stationary
Sources; New Source Review
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing approval of
regulatory revisions to the Arizona
Department of Environmental Quality
(ADEQ) portion of the applicable state
implementation plan (SIP) for the State
of Arizona. These revisions are
primarily intended to make corrections
to ADEQ’s SIP-approved rules for the
issuance of New Source Review (NSR)
permits for stationary sources, with a
focus on preconstruction permit
requirements under the Clean Air Act
(CAA or Act) for major sources and
major modifications. On November 2,
2015, we took final action on a SIP
submittal from ADEQ that significantly
updated ADEQ’s SIP-approved NSR
permitting program. However, that
action identified several deficiencies in
ADEQ’s program that needed to be
corrected. This proposed action will
correct a substantial portion of the
deficiencies we identified in that 2015
SUMMARY:
PO 00000
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25213
action. We are seeking comment on our
proposed action and plan to follow with
a final action.
DATES: Any comments must arrive by
July 3, 2017.
ADDRESSES: Submit comments,
identified by Docket ID No. EPA–R09–
OAR–2017–0255, at https://
www.regulations.gov, or via email to
R9airpermits@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be removed or edited from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Lisa
Beckham, EPA Region 9, (415) 972–
3811, beckham.lisa@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA.
Table of Contents
I. The State’s Submittal
A. Which rules did the State submit?
B. Are there previous versions of the rules
in the Arizona SIP?
C. What is the purpose of the EPA’s
proposed rule?
II. The EPA’s Evaluation
A. How is the EPA evaluating the State’s
rules?
B. Do the rules meet the evaluation
criteria?
C. Review of Rules Requested To Be
Removed From the SIP
D. Remaining NSR Deficiencies
E. Federal Implementation Plan for GHGs
and ADEQ’s PSD Program
F. The EPA’s Recommendations To Further
Improve the State’s Rules
G. Do the rules meet the evaluation criteria
under Sections 110(l) and 193 of the
Clean Air Act?
E:\FR\FM\01JNP1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 104 (Thursday, June 1, 2017)]
[Proposed Rules]
[Pages 25211-25213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11085]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2017-0152; FRL-9962-45-Region 3]
Air Plan Approval; Delaware; Infrastructure Requirements for the
2012 Fine Particulate Matter Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve
[[Page 25212]]
portions of a state implementation plan (SIP) revision submittal from
the State of Delaware pursuant to the Clean Air Act (CAA). Whenever new
or revised national ambient air quality standards (NAAQS) are
promulgated, the CAA requires states to submit a plan for the
implementation, maintenance, and enforcement of such NAAQS. The plan is
required to address basic program elements, including, but not limited
to, regulatory structure, monitoring, modeling, legal authority, and
adequate resources necessary to assure attainment and maintenance of
the standards. These elements are referred to as infrastructure
requirements. Delaware made a SIP submittal to address the
infrastructure requirements for the 2012 fine particulate matter
(PM2.5) NAAQS. This action proposes to approve portions of
this submittal pursuant to section 110 of the CAA. EPA is not proposing
any action on the portion of the submittal which addresses interstate
transport of emissions and intends to take later separate action on
this portion.
DATES: Written comments must be received on or before July 3, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0152 at https://www.regulations.gov, or via email to
rehn.brian@epa.gov. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814-2042, or by
email at huang.gavin@epa.gov.
SUPPLEMENTARY INFORMATION: On December 14, 2015, the State of Delaware,
through 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 2012
PM2.5 NAAQS.
I. Background
On July 18, 1997, EPA promulgated a new 24-hour and a new annual
NAAQS for PM2.5 (62 FR 38652). On October 17, 2006, EPA
revised the NAAQS for PM2.5, tightening the 24-hour
PM2.5 standard from 65 micrograms per cubic meter ([mu]g/
m\3\) to 35 [mu]g/m\3\, and retaining the annual PM2.5 NAAQS
at 15 [mu]g/m\3\ (71 FR 61144). Subsequently, on December 14, 2012, EPA
revised the level of the health based (primary) annual PM2.5
NAAQS to 12 [mu]g/m\3\. See 78 FR 3086 (January 15, 2013).\1\
---------------------------------------------------------------------------
\1\ In EPA's 2012 PM2.5 NAAQS revision, EPA left
unchanged the existing welfare (secondary) standards for
PM2.5 to address particulate matter (PM) related effects
such as visibility impairment, ecological effects, damage to
materials and climate impacts. This includes a secondary annual
standard of 15 [mu]g/m\3\ and a 24-hour standard of 35 [mu]g/m\3\.
---------------------------------------------------------------------------
Pursuant to section 110(a)(1) of the CAA, states are required to
submit a SIP revision to address 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 to assure
attainment and maintenance of the NAAQS--such as requirements for
monitoring, basic program requirements, and legal authority. 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 of each NAAQS and what
is in each state's existing SIP. In particular, the data and analytical
tools available at the time the state develops and submits the SIP
revision for a new or revised NAAQS affect 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.
Specifically, section 110(a)(1) provides the procedural and timing
requirements for SIP submissions. Section 110(a)(2) lists specific
elements that states must meet for infrastructure SIP requirements
related to a newly established or revised NAAQS 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 SIP Revision and EPA Analysis
On December 14, 2015, EPA received a SIP revision submittal from
DNREC in order to satisfy the requirements of section 110(a)(2) of the
CAA for the 2012 PM2.5 NAAQS. EPA reviewed the submittal and
determined that it addressed the following infrastructure elements:
Section 110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II), (D)(ii), (E),
(F), (G), (H), (J), (K), (L), and (M) of the CAA. A detailed summary of
EPA's review and rationale for approving Delaware's submittal may be
found in the Technical Support Document (TSD) for this rulemaking
action, which is available on line at www.regulations.gov, Docket ID
Number EPA-R03-OAR-2017-0152. This rulemaking action does not include
any proposed action on 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 if necessary.
Although Delaware's December 14, 2015 SIP submission contained
provisions to address section 110(a)(2)(D)(i)(I) of the CAA, EPA is not
proposing any action on the portion of the December 14, 2015 submittal
which addresses section 110(a)(2)(D)(i)(I) regarding the interstate
transport of emissions. EPA intends to take later separate action on
this portion of Delaware's December 14, 2015 submittal. EPA is
soliciting public comments on the issues discussed in this document.
These comments will be considered before taking final action.
III. Proposed Action
EPA is proposing to approve the portions of Delaware's December 14,
2015 SIP revision which address for the following elements of section
110(a)(2) of the CAA for the 2012 PM2.5 NAAQS: (A), (B),
(C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
Delaware's December 14, 2015 SIP revision addressing 110(a)(2)(A-C),
(D)(i)(II) and (D)(ii), (E-H), and (J-M) provides the basic program
elements specified in section 110(a)(2) of the CAA necessary to
implement, maintain, and enforce the 2012 PM2.5 NAAQS. EPA
will take separate action, at a future date, on the portion of the
December 14, 2015 SIP revision addressing section 110(a)(2)(D)(i)(I)
(interstate transport of
[[Page 25213]]
emissions) for the 2012 PM2.5 NAAQS. This proposed
rulemaking action does not include action on section 110(a)(2)(I) of
the CAA which pertains to the nonattainment planning requirements of
part D, title I of the CAA, because this element is not required to be
submitted by the 3-year submission deadline of section 110(a)(1) of the
CAA, and will be addressed in a separate process if necessary.
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 approves 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L 104-4);
does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule to approve portions of Delaware's
December 14, 2015 SIP for section 110(a)(2) infrastructure requirements
for the 2012 PM2.5 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, Particulate matter, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 26, 2017.
John A. Armstead,
Acting Regional Administrator, Region III.
[FR Doc. 2017-11085 Filed 5-31-17; 8:45 am]
BILLING CODE 6560-50-P
