Approval and Promulgation of Air Quality Implementation Plans; Delaware; Interstate Transport Requirements for the 2012 Fine Particulate Matter Standard, 32209-32211 [2018-14838]
Download as PDF
<![CDATA[
Federal Register / Vol. 83, No. 134 / Thursday, July 12, 2018 / Rules and Regulations
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect 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. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
amozie on DSK3GDR082PROD with RULES
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
state, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
VerDate Sep<11>2014
16:03 Jul 11, 2018
Jkt 244001
republication, without change, of a
previously published rule. It is
categorically excluded from further
review under paragraph L60a of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
■
2. Add § 165.1714 to read as follows:
§ 165.1712a Safety Zone; Alaska Marine
Highway System Port Valdez Ferry
Terminal, Port Valdez; Valdez, AK.
(a) Location. The following area is a
safety zone: All navigable waters of Port
Valdez extending 200 yards in all
directions from the edges of the Alaska
Marine Highway System Terminal dock
located in Port Valdez at 61°07′26″ N
and 146°21′50″ W.
(b) Enforcement period. The rule will
be enforced whenever there is an Alaska
Marine Highway System Ferry vessel
transiting within the area described in
paragraph (a) of this section and there
is a Commercial Salmon Fishery Opener
that includes the navigable waters
within the safety zone. Each
enforcement period will be announced
by a broadcast notice to mariners when
the Commercial Salmon Fishery Opener
is announced.
(c) Definitions. The following
definitions apply to this section:
(1) The term ‘‘designated
representative’’ means any Coast Guard
commissioned, warrant or petty officer
of the U.S. Coast Guard who has been
designated by the Captain of the Port,
Prince William Sound, to act on his or
her behalf.
(2) The term ‘‘official patrol vessel’’
may consist of any Coast Guard, Coast
Guard Auxiliary, state, or local law
enforcement vessels assigned or
approved by the COTP, Prince William
Sound.
(3) The term ‘‘AMHS vessel’’ means
any vessel owned or operated by the
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
32209
Alaska Marine Highway System,
including, but not limited to: M/V
AURORA, M/V CHENEGA, M/V
COLUMBIA, M/V FAIRWEATHER, M/V
KENNICOTT, M/V LECONTE, M/V
LITUYA, M/V MALASPINA, M/V
MATANUSKA, M/V TAKU and M/V
TUSTUMENA.
(d) Regulations. (1) The general
regulations contained in 33 CFR 165.23,
as well as the requirements in
paragraphs (d)(2) through (5) of this
section, apply.
(2) No vessels, except for AMHS
ferries and vessels owned or operated by
AMHS will be allowed to transit the
safety zone without the permission of
the COTP Prince William Sound or the
designated representative during
periods of enforcement.
(3) All persons and vessels shall
comply with the instructions of the
COTP or the designated representative.
Upon being hailed by a U.S. Coast
Guard vessel or other official patrol
vessel by siren, radio, flashing light or
other means, the operator of the hailed
vessel shall proceed as directed.
(4) Vessel operators desiring to enter
or operate within the regulated area may
contact the COTP or the designated
representative via VHF channel 16 or
907–835–7205 (Prince William Sound
Vessel Traffic Service) to request
permission to do so.
(5) The COTP, Prince William Sound
may be aided by other Federal, state,
borough, and local law enforcement
officials in the enforcement of this
regulation. In addition, members of the
Coast Guard Auxiliary may be present to
inform vessel operators of this
regulation.
Dated: July 6, 2018.
M.R. Franklin,
Commander, U.S. Coast Guard, Captain of
the Port, Prince William Sound.
[FR Doc. 2018–14863 Filed 7–11–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2017–0152; FRL–9980–
62—Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Interstate Transport
Requirements for the 2012 Fine
Particulate Matter Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
E:\FR\FM\12JYR1.SGM
12JYR1
32210
Federal Register / Vol. 83, No. 134 / Thursday, July 12, 2018 / Rules and Regulations
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the State of Delaware. This
revision pertains to the infrastructure
requirement for interstate transport of
pollution with respect to the 2012 fine
particulate matter (PM2.5) national
ambient air quality standards (NAAQS).
EPA is approving this revision in
accordance with the requirements of the
Clean Air Act (CAA).
amozie on DSK3GDR082PROD with RULES
SUMMARY:
II. Summary of SIP Revision and EPA
Analysis
Delaware’s December 14, 2015 SIP
submittal asserted that the State’s SIP
presently contains adequate provisions
prohibiting sources from emitting air
pollutants in amounts which will
contribute significantly to
nonattainment or interfere with
maintenance of the 2012 PM2.5 NAAQS.
Delaware also asserted under Delaware
Code, Title 7, Chapter 60, Subsection
DATES: This final rule is effective on
6010(c), ‘‘Rules and regulations; plans,’’
August 13, 2018.
that the State has the legal authority to
regulate sources whose emission could
ADDRESSES: EPA has established a
transport to areas in nonattainment or to
docket for this action under Docket ID
Number EPA–R03–OAR–2017–0152. All areas currently attaining the NAAQS.
Delaware also describes ambient air
documents in the docket are listed on
the https://www.regulations.gov website. quality data for New Castle, Kent, and
Sussex Counties as all being below the
Although listed in the index, some
NAAQS.
information is not publicly available,
EPA used the information in the 2016
e.g., confidential business information
PM2.5 Memorandum 1 and additional
(CBI) or other information whose
information to evaluate the submittal
disclosure is restricted by statute.
and came to the same conclusion as
Certain other material, such as
Delaware. As discussed in greater detail
copyrighted material, is not placed on
in the technical support document
the internet and will be publicly
(TSD) for this action, EPA identified the
available only in hard copy form.
potential downwind nonattainment and
Publicly available docket materials are
maintenance receptors identified in the
available through https://
2016 PM2.5 Memorandum, and then
www.regulations.gov, or please contact
the person identified in the FOR FURTHER evaluated them to determine if
Delaware’s emissions could potentially
INFORMATION CONTACT section for
contribute to nonattainment and
additional availability information.
maintenance problems in 2021, the
FOR FURTHER INFORMATION CONTACT:
attainment year for moderate PM2.5
Joseph Schulingkamp, (215) 814–2021,
nonattainment areas. EPA concluded
or by email at schulingkamp.joseph@
Delaware was not significantly
epa.gov.
contributing to nonattainment nor
interfering with maintenance with 2012
SUPPLEMENTARY INFORMATION:
PM2.5 NAAQS by any other state. A
detailed summary of Delaware’s
I. Background
submittal and EPA’s review and
On December 14, 2015, the State of
rationale for approval of this SIP
Delaware, through the Department of
revision as meeting CAA section
Natural Resources and Environmental
110(a)(2)(D)(i)(I) for the 2012 PM2.5
Control (DNREC) submitted a SIP
NAAQS may be found in the NPR and
revision addressing the infrastructure
TSD for this rulemaking action, which
requirements under section 110(a)(2) of
are available online at
the CAA for the 2012 PM2.5 NAAQS. On www.regulations.gov, Docket number
September 22, 2017, EPA approved all
EPA–R03–OAR–2017–0152.
portions of Delaware’s submittal except
III. Public Comments
for the portion addressing section
110(a)(2)(D)(i)(I) regarding the interstate
One anonymous public comment was
transport of emissions. See 82 FR 44318. received during the public comment
As explained in the final rule, EPA
period, but the comment was
intended to take separate action on that
determined to not be relevant nor
portion of Delaware’s submittal and is
specific to this rulemaking action. Thus
doing so with today’s proposed action.
no response is provided.
On May 15, 2018 (83 FR 22436), EPA
published a notice of proposed
1 ‘‘Information on the Interstate Transport ‘‘Good
rulemaking (NPR) for the State of
Neighbor’’ Provision for the 2012 Fine Particulate
Delaware. In the NPR, EPA proposed
Matter National Ambient Air Quality Standards
under Clean Air Act Section 110(a)(2)(D)(i)(I),’’
approval of Delaware’s submittal to
Memorandum from Stephen D. Page, Director, EPA
address the infrastructure requirements
Office of Air Quality Planning and Standards
under section 110(a)(2)(D)(i) of the CAA (March 17, 2016). A copy is included in the docket
for this rulemaking action.
for the 2012 PM2.5 NAAQS.
VerDate Sep<11>2014
16:03 Jul 11, 2018
Jkt 244001
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
IV. Final Action
EPA is approving the December 14,
2015 SIP revision addressing the
interstate transport requirements for the
2012 PM2.5 NAAQS to the Delaware SIP
because the submittal adequately
addresses section 110(a)(2)(D)(i)(I) of the
CAA.
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);
• is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• 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
E:\FR\FM\12JYR1.SGM
12JYR1
32211
Federal Register / Vol. 83, No. 134 / Thursday, July 12, 2018 / Rules and Regulations
• 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
*
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2018–0104; FRL–9980–
43—Region 9]
Approval of California Air Plan
Revisions, Yolo-Solano Air Quality
Management District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the Yolo-Solano
Air Quality Management District
(YSAQMD or ‘‘District’’) portion of the
California State Implementation Plan
SUMMARY:
16:03 Jul 11, 2018
State
submittal
date
*
12/14/2015
*
BILLING CODE 6560–50–P
amozie on DSK3GDR082PROD 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 September 10, 2018. 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,
addressing Delaware’s interstate
transport for the 2012 PM2.5 NAAQS,
may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
*
Statewide ..........
[FR Doc. 2018–14838 Filed 7–11–18; 8:45 am]
VerDate Sep<11>2014
C. Petitions for Judicial Review
Applicable
geographic
area
Name of non-regulatory SIP revision
*
*
Section 110(a)(2) Infrastructure Requirements for the 2012 PM2.5 NAAQS.
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).
Jkt 244001
Fmt 4700
Dated: June 19, 2018.
Cosmo Servidio,
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 a second entry
for Section 110(a)(2) Infrastructure
Requirements for the 2012 PM2.5
NAAQS after the first entry. The revised
text reads as follows:
■
§ 52.470
*
Identification of plan.
*
*
(e) * * *
*
*
Additional explanation
*
7/12/2018, [Insert
Federal Register
citation].
*
*
Docket 2017–0152. This action addresses the infrastructure element of CAA
section 110(a)(2)(D)(i)(I).
*
Frm 00021
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter.
EPA
approval
date
*
(SIP). This revision concerns emissions
of volatile organic compounds (VOCs)
from architectural coatings. We are
approving a local rule that regulates
these emission sources under the Clean
Air Act (CAA or the Act).
DATES: This rule is effective on August
13, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2018–0104. All
documents in the docket are listed on
the https://www.regulations.gov website.
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://
PO 00000
List of Subjects in 40 CFR Part 52
Sfmt 4700
*
*
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Arnold Lazarus, EPA Region IX, (415)
972–3024, Lazarus.Arnold@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On May 3, 2018 (83 FR 19495), the
EPA proposed to approve the following
rule into the California SIP.
E:\FR\FM\12JYR1.SGM
12JYR1
]]>Agencies
[Federal Register Volume 83, Number 134 (Thursday, July 12, 2018)]
[Rules and Regulations]
[Pages 32209-32211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14838]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2017-0152; FRL-9980-62--Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Interstate Transport Requirements for the 2012 Fine
Particulate Matter Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
[[Page 32210]]
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the State of Delaware.
This revision pertains to the infrastructure requirement for interstate
transport of pollution with respect to the 2012 fine particulate matter
(PM2.5) national ambient air quality standards (NAAQS). EPA
is approving this revision in accordance with the requirements of the
Clean Air Act (CAA).
DATES: This final rule is effective on August 13, 2018.
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 website. 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: Joseph Schulingkamp, (215) 814-2021,
or by email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On December 14, 2015, the State of Delaware, through the Department
of Natural Resources and Environmental Control (DNREC) submitted a SIP
revision addressing the infrastructure requirements under section
110(a)(2) of the CAA for the 2012 PM2.5 NAAQS. On September
22, 2017, EPA approved all portions of Delaware's submittal except for
the portion addressing section 110(a)(2)(D)(i)(I) regarding the
interstate transport of emissions. See 82 FR 44318. As explained in the
final rule, EPA intended to take separate action on that portion of
Delaware's submittal and is doing so with today's proposed action. On
May 15, 2018 (83 FR 22436), EPA published a notice of proposed
rulemaking (NPR) for the State of Delaware. In the NPR, EPA proposed
approval of Delaware's submittal to address the infrastructure
requirements under section 110(a)(2)(D)(i) of the CAA for the 2012
PM2.5 NAAQS.
II. Summary of SIP Revision and EPA Analysis
Delaware's December 14, 2015 SIP submittal asserted that the
State's SIP presently contains adequate provisions prohibiting sources
from emitting air pollutants in amounts which will contribute
significantly to nonattainment or interfere with maintenance of the
2012 PM2.5 NAAQS. Delaware also asserted under Delaware
Code, Title 7, Chapter 60, Subsection 6010(c), ``Rules and regulations;
plans,'' that the State has the legal authority to regulate sources
whose emission could transport to areas in nonattainment or to areas
currently attaining the NAAQS. Delaware also describes ambient air
quality data for New Castle, Kent, and Sussex Counties as all being
below the NAAQS.
EPA used the information in the 2016 PM2.5 Memorandum
\1\ and additional information to evaluate the submittal and came to
the same conclusion as Delaware. As discussed in greater detail in the
technical support document (TSD) for this action, EPA identified the
potential downwind nonattainment and maintenance receptors identified
in the 2016 PM2.5 Memorandum, and then evaluated them to
determine if Delaware's emissions could potentially contribute to
nonattainment and maintenance problems in 2021, the attainment year for
moderate PM2.5 nonattainment areas. EPA concluded Delaware
was not significantly contributing to nonattainment nor interfering
with maintenance with 2012 PM2.5 NAAQS by any other state. A
detailed summary of Delaware's submittal and EPA's review and rationale
for approval of this SIP revision as meeting CAA section
110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS may be found in
the NPR and TSD for this rulemaking action, which are available online
at www.regulations.gov, Docket number EPA-R03-OAR-2017-0152.
---------------------------------------------------------------------------
\1\ ``Information on the Interstate Transport ``Good Neighbor''
Provision for the 2012 Fine Particulate Matter National Ambient Air
Quality Standards under Clean Air Act Section 110(a)(2)(D)(i)(I),''
Memorandum from Stephen D. Page, Director, EPA Office of Air Quality
Planning and Standards (March 17, 2016). A copy is included in the
docket for this rulemaking action.
---------------------------------------------------------------------------
III. Public Comments
One anonymous public comment was received during the public comment
period, but the comment was determined to not be relevant nor specific
to this rulemaking action. Thus no response is provided.
IV. Final Action
EPA is approving the December 14, 2015 SIP revision addressing the
interstate transport requirements for the 2012 PM2.5 NAAQS
to the Delaware SIP because the submittal adequately addresses section
110(a)(2)(D)(i)(I) of the CAA.
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);
is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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
[[Page 32211]]
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 September 10, 2018. 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, addressing Delaware's interstate transport 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.
Dated: June 19, 2018.
Cosmo Servidio,
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 a
second entry for Section 110(a)(2) Infrastructure Requirements for the
2012 PM2.5 NAAQS after the first entry. The revised text
reads as follows:
Sec. 52.470 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State Additional
revision area submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Statewide.............. 12/14/2015 7/12/2018, [Insert Docket 2017-0152.
Infrastructure Requirements Federal Register This action
for the 2012 PM2.5 NAAQS. citation]. addresses the
infrastructure
element of CAA
section
110(a)(2)(D)(i)(I
).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2018-14838 Filed 7-11-18; 8:45 am]
BILLING CODE 6560-50-P
