Air Plan Approval; Delaware; Infrastructure Requirements for the 2012 Fine Particulate Matter Standard, 44318-44320 [2017-20163]
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Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Rules and Regulations
of the change in operating schedule for
the bridge so that vessel operators can
arrange their transits to minimize any
impact caused by the temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: September 19, 2017.
Carl T. Hausner,
District Bridge Chief, Eleventh Coast Guard
District.
[FR Doc. 2017–20273 Filed 9–21–17; 8:45 am]
BILLING CODE 9110–04–P
Number EPA–R03–OAR–2017–0152. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., 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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Gavin Huang, (215) 814–2042, or by
email at huang.gavin@epa.gov.
ENVIRONMENTAL PROTECTION
AGENCY
SUPPLEMENTARY INFORMATION:
40 CFR Part 52
[EPA–R03–OAR–2017–0152; FRL–9967–99–
Region 3]
Air Plan Approval; Delaware;
Infrastructure Requirements for the
2012 Fine Particulate Matter Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving 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 approves portions of this
submittal pursuant to section 110 of the
CAA. EPA is not taking any action on
the portion of the submittal that
addresses interstate transport of
emissions and intends to take separate
action later.
DATES: This final rule is effective on
October 23, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket ID
SUMMARY:
VerDate Sep<11>2014
18:27 Sep 21, 2017
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I. Background
On June 1, 2017 (82 FR 25211), EPA
published a notice of proposed
rulemaking (NPR) for the State of
Delaware. In the NPR, EPA proposed
approval of portions of Delaware’s
December 14, 2015 SIP revision which
address for the 2012 PM2.5 NAAQS the
following infrastructure elements of
section 110(a)(2) of the CAA: (A), (B),
(C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J),
(K), (L), and (M). EPA will take separate
action, at a future date, on the remaining
portion of the December 14, 2015 SIP
revision that addresses requirements in
section 110(a)(2)(D)(i)(I) (interstate
transport of emissions) for the 2012
PM2.5 NAAQS. Additionally, the
proposed rulemaking action did 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.
Because the technical support
document (TSD) was erroneously
omitted from the docket for this
rulemaking at the time EPA published
the NPR on June 1, 2017 (82 FR 25211),
EPA published a supplemental notice of
proposed rulemaking (SNPR) extending
the comment period on June 22, 2017 to
allow further opportunity for public
comment on our proposed approval of
portions of Delaware’s December 14,
2015 SIP revision addressing
infrastructure requirements for the 2012
PM2.5 NAAQS. 82 FR 28432.
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Fmt 4700
Sfmt 4700
II. Summary of SIP Revision and EPA
Analysis
EPA reviewed the December 14, 2015
SIP submittal from Delaware and
determined that it addressed for the
2012 PM2.5 NAAQS the following
infrastructure elements in 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 TSD for this rulemaking
action, which is available online at
https://www.regulations.gov, Docket ID
Number EPA–R03–OAR–2017–0152.
Although Delaware’s December 14,
2015 SIP submission also contained
provisions to address section
110(a)(2)(D)(i)(I) of the CAA, EPA did
not propose any action on the portion of
the submittal pertaining to 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 submittal.
Other specific requirements of
Delaware’s submittal for the 2012 PM2.5
NAAQS infrastructure requirements and
the rationale for EPA’s proposed action
are explained in the NPR and will not
be restated here. EPA received one
comment which is addressed below.
III. Public Comment and EPA’s
Response
EPA received a comment in response
to the June 1, 2017 NPR. The commenter
noted that the TSD was not available
online and requested a restart of the
comment period. Additionally, the
commenter expressed support for EPA
and concerns about the removal of
environmental regulations.
Response: On June 22, 2017, EPA
made the TSD available online at https://
www.regulations.gov, Docket ID Number
EPA–R03–OAR–2017–0152. In our
June 22, 2017 SNPR, EPA subsequently
extended the comment period. 82 FR
28432. While EPA appreciates the
supportive comments and expression of
concern for environmental regulations
in general, these comments are not
germane to this rulemaking and do not
identify any specific actions or
provisions that EPA should address
differently. Therefore, EPA does not
provide further response.
IV. Final Action
EPA is approving portions of
Delaware’s December 14, 2015 SIP
revision that address 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 SIP revision
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Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Rules and Regulations
addressing section 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 later separate action on the
portion of the SIP revision addressing
section 110(a)(2)(D)(i)(I) (interstate
transport of emissions) for the 2012
PM2.5 NAAQS. This final 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.
V. 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 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
Name of non-regulatory SIP
revision
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
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).
Applicable geographic area
*
*
*
Section 110(a)(2) InfrastrucStatewide ...............................
ture Requirements for the
2012 PM2.5 NAAQS.
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16:02 Sep 21, 2017
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Frm 00021
State submittal
date
*
12/14/2015
Fmt 4700
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 November 21, 2017. 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 portions of Delaware’s
December 14, 2015 SIP revision for
section 110(a)(2) infrastructure
requirements for the 2012 PM2.5 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, Particulate matter, Reporting
and recordkeeping requirements.
Dated: September 8, 2017.
Cecil Rodrigues,
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 2012 PM2.5
NAAQS’’ after the entry ‘‘Infrastructure
element 110(a)(2)(D)(i)(I) related to
interstate transport.’’ The added text
reads as follows:
■
§ 52.420
*
Identification of plan.
*
*
(e) * * *
*
EPA approval date
*
9/22/2017, [Insert Federal
Register citation].
Sfmt 4700
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*
Additional explanation
*
*
This 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).
44320
Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Rules and Regulations
Name of non-regulatory SIP
revision
*
Applicable geographic area
*
*
[FR Doc. 2017–20163 Filed 9–21–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2015–0496; FRL–9967–53–
Region 6]
Approval and Promulgation of
Implementation Plans; Texas;
Reasonably Available Control
Technology for the 2008 8-Hour Ozone
National Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
VerDate Sep<11>2014
16:02 Sep 21, 2017
Jkt 241001
EPA approval date
*
*
materials are available either
electronically through
www.regulations.gov or in hard copy at
the Air Planning Section (6MM–AA),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 FOIA Review
Room between the hours of 8:30 a.m.
and 4:30 p.m. weekdays except for legal
holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Alan Shar (6MM–AA), telephone (214)
665–2164, email shar.alan@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
Outline
The Environmental Protection
Agency (EPA) is conditionally
approving revisions to the Texas State
Implementation Plan (SIP) addressing
Oxides of Nitrogen (NOX) Reasonably
Available Control Technology (RACT)
for the Martin Marietta (formerly, Texas
Industries, Inc., or TXI) cement
manufacturing plant in Ellis County. We
are fully approving revisions to the
Texas SIP addressing NOX RACT for all
other affected sources in the ten county
Dallas Fort Worth (DFW) 2008 8-Hour
ozone nonattainment area. We are also
approving NOX RACT negative
declarations (a finding that there are no
major sources of NOX emissions in
certain categories) for the DFW 2008 8Hour ozone nonattainment area. The
DFW 2008 8-Hour ozone nonattainment
area consists of Collin, Dallas, Denton,
Ellis, Johnson, Kaufman, Parker,
Rockwall, Tarrant, and Wise counties.
The RACT requirements apply to major
sources of NOX in these ten counties.
DATES: This rule will be effective on
October 23, 2017.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2015–0496. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
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
SUMMARY:
State submittal
date
I. Background
II. Public Comments
III. Response to Comments
IV. Final Actions
V. Statutory and Executive Order Reviews
I. Background
The background for this action is
discussed in detail in the July 19, 2017
(82 FR 33026) proposal. In that
document, the EPA proposed to
conditionally approve revisions to the
Texas SIP that the TCEQ submitted to
EPA in its Appendix F (a component of
the 2008 8-Hour DFW ozone
nonattainment area plan) of the July 10,
2015 DFW SIP submittal. The July 19,
2017 Federal Register (FR) action
proposed to conditionally approve
revisions to the Texas SIP addressing
NOX RACT for the Martin Marietta
(MM) cement manufacturing plant in
Ellis County. See section 110(k)(4) of the
Clean Air Act (CAA, Act), and section
II.F of the Proposal.
We proposed to fully approve
revisions to the Texas SIP addressing
NOX RACT for all other affected sources
in the ten county DFW 2008 8-Hour
ozone nonattainment area. See section
II.B of the Proposal.
We also proposed to approve NOX
RACT negative declarations for the
nitric acid and adipic acid
manufacturing operations within the ten
County DFW 2008 8-Hour ozone
nonattainment area. See section II.C of
the Proposal.
The Proposal and the Technical
Support Document (TSD) prepared in
conjunction with that FR action provide
detailed description and the rationale
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
Additional explanation
*
*
for the proposed decisions. Please see
the docket ID No. EPA–R06–OAR–
2015–0496 for the TSD and other
documents regarding the Proposal.
II. Public Comments
The public comment period for the
July 19, 2017 (82 FR 33026) proposal
expired on August 19, 2017, and we
received relevant comments from
Holcim, TCEQ, and Ash Grove on the
proposed actions during this period.
Our response to relevant comments
received during public comment period
is below.
III. Response to Comments
Comment #1: Holcim supported
EPA’s action on the Proposal.
Response: We appreciate the support.
Comment #2: TCEQ requested
clarification on its SIP revision process
addressing conditional approval for the
MM cement manufacturing plant
through a voluntary Agreed Order (AO)
or rulemaking action.
Response: State has the option of
choosing what mechanism, for example;
a voluntary AO or rulemaking action, to
use when revising its SIP as long as a
revision is made in conformance with
section 110 of the Act and applicable
State law. No change to our NOX RACT
determination is made as a result of this
comment.
Comment #3: Ash Grove supported
EPA’s action, stating its NOX limit is
driven by 40 CFR 60.62 (New Source
Performance Standards—NSPS). The
commenter contends that its air permit
is not a part of a federally enforceable
SIP submittal.
Response: We appreciate the support.
The NOX RACT emission limitation of
1.5 lb/ton of clinker produced is
required per 40 CFR 60.62(a) or NSPS
subpart F that is consistent with limits
established in Ash Grove’s consent
decree. We agree with the comment that
its air permit was not a component of
TCEQ SIP submittal; however, inclusion
of air permit in record was intended to
create a thorough and complete docket.
No change to our NOX RACT
determination for this plant is made as
a result of this comment.
This concludes our response to
comments received. Based on our
evaluation and responses, no changes to
the Proposed NOX RACT determinations
have been made. Therefore, we are
E:\FR\FM\22SER1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Rules and Regulations]
[Pages 44318-44320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20163]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2017-0152; FRL-9967-99-Region 3]
Air Plan Approval; Delaware; Infrastructure Requirements for the
2012 Fine Particulate Matter Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
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 approves portions of this
submittal pursuant to section 110 of the CAA. EPA is not taking any
action on the portion of the submittal that addresses interstate
transport of emissions and intends to take separate action later.
DATES: This final rule is effective on October 23, 2017.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2017-0152. All documents in the docket are listed on
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., 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 through
https://www.regulations.gov, or please contact the person identified in
the For Further Information Contact section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814-2042, or by
email at huang.gavin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 1, 2017 (82 FR 25211), EPA published a notice of proposed
rulemaking (NPR) for the State of Delaware. In the NPR, EPA proposed
approval of portions of Delaware's December 14, 2015 SIP revision which
address for the 2012 PM2.5 NAAQS the following
infrastructure elements of section 110(a)(2) of the CAA: (A), (B), (C),
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). EPA
will take separate action, at a future date, on the remaining portion
of the December 14, 2015 SIP revision that addresses requirements in
section 110(a)(2)(D)(i)(I) (interstate transport of emissions) for the
2012 PM2.5 NAAQS. Additionally, the proposed rulemaking
action did 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.
Because the technical support document (TSD) was erroneously
omitted from the docket for this rulemaking at the time EPA published
the NPR on June 1, 2017 (82 FR 25211), EPA published a supplemental
notice of proposed rulemaking (SNPR) extending the comment period on
June 22, 2017 to allow further opportunity for public comment on our
proposed approval of portions of Delaware's December 14, 2015 SIP
revision addressing infrastructure requirements for the 2012
PM2.5 NAAQS. 82 FR 28432.
II. Summary of SIP Revision and EPA Analysis
EPA reviewed the December 14, 2015 SIP submittal from Delaware and
determined that it addressed for the 2012 PM2.5 NAAQS the
following infrastructure elements in 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 TSD for this
rulemaking action, which is available online at https://www.regulations.gov, Docket ID Number EPA-R03-OAR-2017-0152.
Although Delaware's December 14, 2015 SIP submission also contained
provisions to address section 110(a)(2)(D)(i)(I) of the CAA, EPA did
not propose any action on the portion of the submittal pertaining to
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 submittal.
Other specific requirements of Delaware's submittal for the 2012
PM2.5 NAAQS infrastructure requirements and the rationale
for EPA's proposed action are explained in the NPR and will not be
restated here. EPA received one comment which is addressed below.
III. Public Comment and EPA's Response
EPA received a comment in response to the June 1, 2017 NPR. The
commenter noted that the TSD was not available online and requested a
restart of the comment period. Additionally, the commenter expressed
support for EPA and concerns about the removal of environmental
regulations.
Response: On June 22, 2017, EPA made the TSD available online at
https://www.regulations.gov, Docket ID Number EPA-R03-OAR-2017-0152. In
our June 22, 2017 SNPR, EPA subsequently extended the comment period.
82 FR 28432. While EPA appreciates the supportive comments and
expression of concern for environmental regulations in general, these
comments are not germane to this rulemaking and do not identify any
specific actions or provisions that EPA should address differently.
Therefore, EPA does not provide further response.
IV. Final Action
EPA is approving portions of Delaware's December 14, 2015 SIP
revision that address 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 SIP
revision
[[Page 44319]]
addressing section 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 later separate action on the
portion of the SIP revision addressing section 110(a)(2)(D)(i)(I)
(interstate transport of emissions) for the 2012 PM2.5
NAAQS. This final 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.
V. 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 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 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 November 21, 2017. 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 portions of Delaware's December 14, 2015
SIP revision for section 110(a)(2) infrastructure requirements for the
2012 PM2.5 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, Particulate matter, Reporting and recordkeeping
requirements.
Dated: September 8, 2017.
Cecil Rodrigues,
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 2012
PM2.5 NAAQS'' after the entry ``Infrastructure element
110(a)(2)(D)(i)(I) related to interstate transport.'' The added text
reads as follows:
Sec. 52.420 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State Additional
revision geographic area submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Infrastructure Statewide.......... 12/14/2015 9/22/2017, [Insert This action
Requirements for the 2012 PM2.5 Federal Register addresses the
NAAQS. citation]. following CAA
elements:
110(a)(2)(A), (B),
(C), (D)(i)(II),
(D)(ii), (E), (F),
(G), (H), (J),
(K), (L), and (M).
[[Page 44320]]
* * * * * * *
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[FR Doc. 2017-20163 Filed 9-21-17; 8:45 am]
BILLING CODE 6560-50-P
