Approval and Promulgation of Air Quality Implementation Plans; Delaware; Interstate Transport Requirements for the 2010 1-Hour Sulfur Dioxide Standard, 39035-39037 [2018-16796]
Download as PDF
amozie on DSK3GDR082PROD with PROPOSALS
Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules
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);
• 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
• 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).
The action approving Maryland’s and
Virginia’s redesignation request for their
respective portions of the Washington
Area for the 2008 ozone NAAQS as well
as the District’s, Maryland’s, and
Virginia’s maintenance plan for the
Washington Area, is not approved to
apply on any Indian reservation land as
defined in 18 U.S.C. 1151 or in any
other area where 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 and will not impose
VerDate Sep<11>2014
18:59 Aug 07, 2018
Jkt 244001
substantial direct costs on tribal
governments or preempt tribal law 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, Nitrogen
dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 24, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018–16882 Filed 8–7–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
39035
In the
final rules section of this issue of the
Federal Register, the EPA is approving
the State’s SIP submittal as a direct rule
without prior proposal because the
Agency views this as noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no relevant adverse comments
are received in response to this action
no further activity is contemplated. If
the EPA receives relevant adverse
comments, the direct final rule will be
withdrawn and all public comments
received will be addressed in a
subsequent final rule based on this
proposed rule. The EPA will not
institute a second comment period. Any
parties interested in commenting on this
action should do so at this time.
For additional information, see the
direct final rule, which is located in the
rules section of this issue of the Federal
Register.
SUPPLEMENTARY INFORMATION:
[EPA–R06–OAR–2017–0699; FRL–9981–
42—Region 6]
Dated: July 31, 2018.
Anne Idsal,
Regional Administrator, Region 6.
Air Plan Approval; Arkansas
[FR Doc. 2018–16905 Filed 8–7–18; 8:45 am]
BILLING CODE 6560–50–P
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is proposing to approve portions of the
revisions to the Arkansas State
Implementation Plan (SIP) submitted by
the Arkansas Department of
Environmental Quality (ADEQ) on
March 24, 2017. Most of the revisions
are administrative in nature and make
the SIP current with Federal rules. The
EPA is also proposing to make
ministerial changes to the Code of
Federal Register (CFR) to reflect SIP
actions pertaining to the Arkansas
Prevention of Significant Deterioration
(PSD) program.
DATES: Written comments should be
received on or before September 7,
2018.
SUMMARY:
Submit your comments,
identified by EPA–R06–OAR–2017–
0699, at https://www.regulations.gov or
via email to paige.carrie@epa.gov. For
additional information on how to
submit comments see the detailed
instructions in the ADDRESSES section of
the direct final rule located in the rules
section of this issue of the Federal
Register.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Carrie Paige, (214) 665–6521,
paige.carrie@epa.gov.
PO 00000
Frm 00054
Fmt 4702
Sfmt 4702
Ms.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2013–0492; FRL–9981–
67—Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Interstate Transport
Requirements for the 2010 1-Hour
Sulfur Dioxide Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
portions of a state implementation plan
(SIP) revision submittal from the State
of Delaware. This revision addresses the
infrastructure requirement for interstate
transport of pollution with respect to
the 2010 1-hour sulfur dioxide (SO2)
national ambient air quality standard
(NAAQS). This action is being taken
under the Clean Air Act (CAA).
DATES: Written comments must be
received on or before September 7,
2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2013–0492 at https://
www.regulations.gov, or via email to
spielberger.susan@epa.gov. For
SUMMARY:
E:\FR\FM\08AUP1.SGM
08AUP1
39036
Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules
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:
Joseph Schulingkamp, (215) 814–2021,
or by email at schulingkamp.joseph@
epa.gov.
SUPPLEMENTARY INFORMATION: On May
29, 2013, the State of Delaware, through
the Delaware 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 2010 1-hour SO2
NAAQS.
amozie on DSK3GDR082PROD with PROPOSALS
I. Background
A. General
On June 2, 2010, the EPA
promulgated a revised primary SO2
standard, establishing a new 1-hour
primary standard at the level of 75 parts
per billion (ppb), based on the 3-year
average of the annual 99th percentile of
1-hour daily maximum concentrations
(hereafter ‘‘the 2010 1-hour SO2
NAAQS’’). At the same time, the EPA
also revoked the previous 24-hour and
annual primary SO2 standards. See 75
FR 35520 (June 22, 2010). See 40 CFR
50.11. The previous SO2 air quality
standards were set in 1971, including a
24-hour average primary standard at 140
ppb and an annual average primary
standard at 30 ppb. See 36 FR 8186
(April 30, 1971).
Current scientific evidence links
short-term exposures to SO2, ranging
from five minutes to 24 hours, with an
VerDate Sep<11>2014
18:59 Aug 07, 2018
Jkt 244001
array of adverse respiratory effects
including bronchoconstriction and
increased asthma symptoms. These
effects are particularly important for
asthmatics at elevated ventilation rates
(e.g., while exercising or playing).
Studies also show a connection between
short-term exposure and increased visits
to emergency departments and hospital
admissions for respiratory illnesses,
particularly in at-risk populations
including children, the elderly, and
asthmatics.
B. EPA’s Infrastructure Requirements
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.
C. Interstate Pollution Transport
Requirements
Section 110(a)(2)(D)(i)(I) of the CAA
requires a state’s SIP to include
adequate provisions prohibiting any
emissions activity in one state that
contributes significantly to
nonattainment, or interferes with
maintenance, of the NAAQS in any
downwind state. The EPA sometimes
refers to these requirements as prong 1
(significant contribution to
nonattainment) and prong 2
PO 00000
Frm 00055
Fmt 4702
Sfmt 4702
(interference with maintenance), or
jointly as the ‘‘good neighbor’’ provision
of the CAA. Further information can be
found in the Technical Support
Document (TSD) for this rulemaking
action, which is available online at
www.regulations.gov, Docket number
EPA–R03–OAR–2013–0492.
II. Summary of SIP Revision and EPA
Analysis
On May 29, 2013, Delaware
submitted, through DNREC, a revision
to its SIP to satisfy the infrastructure
requirements of section 110(a)(2) of the
CAA for the 2010 1-hour SO2 NAAQS,
including the interstate transport
requirements of section
110(a)(2)(D)(i)(I). On January 22, 2014
(79 FR 3506), the EPA approved
Delaware’s infrastructure SIP submittal
for the 2010 1-hour SO2 NAAQS for all
applicable elements of section 110(a)(2)
with the exception of 110(a)(2)(D)(i)(I).
This proposed rulemaking action is
addressing the portions of Delaware’s
infrastructure submittal for the 2010 1hour SO2 NAAQS that pertain to
transport requirements.1 2
The portions of Delaware’s May 29,
2013 SIP submittal addressing interstate
transport (for section 110(a)(2)(D)(i)(I))
discuss how Delaware does not
significantly contribute with respect to
the 2010 1-hour SO2 NAAQS to
nonattainment in, or interfere with
maintenance in, any other state and
discusses prevailing wind direction in
the region. Additionally, Delaware
described in its submittal several
existing SIP-approved measures and
other federally enforceable sourcespecific measures, pursuant to
permitting requirements under the CAA,
that apply to SO2 sources within the
state.
Based on EPA’s analysis, EPA agrees
with Delaware’s general conclusion that
1 For the EPA’s explanation of its ability to act on
discrete elements of section 110(a)(2), see 80 FR
2865 (Approval and Promulgation of Air Quality
Implementation Plans; District of Columbia;
Infrastructure Requirements for the 2008 Ozone,
2010 Nitrogen Dioxide, and 2010 Sulfur Dioxide
National Ambient Air Quality Standards; Approval
of Air Pollution Emergency Episode Plan (January
21, 2015)).
2 This proposed approval action is based on the
information contained in the administrative record
for this action, and does not prejudge any other
future EPA action that may make other
determinations regarding any of the subject state’s
air quality status. Any such future actions, such as
area designations under any NAAQS, will be based
on their own administrative records and the EPA’s
analyses of information that becomes available at
those times. Future available information may
include, and is not limited to, monitoring data and
modeling analyses conducted pursuant to the EPA’s
SO2 Data Requirements Rule (80 FR 51052, August
21, 2015) and information submitted to the EPA by
states, air agencies, and third-party stakeholders
such as citizen groups and industry representatives.
E:\FR\FM\08AUP1.SGM
08AUP1
Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules
the existing Delaware SIP is adequate to
prevent sources in Delaware from
significantly contributing to
nonattainment or interfering with
maintenance in another state with
respect to the 2010 1-hour SO2 NAAQS.
A detailed summary of EPA’s review
and rationale for proposed approval of
this SIP revision as meeting CAA
section 110(a)(2)(D)(i)(I) for the 2010 1hour SO2 NAAQS may be found in the
TSD.
amozie on DSK3GDR082PROD with PROPOSALS
III. Proposed Action
EPA is proposing to approve the
portions of Delaware’s May 29, 2013 SIP
revision addressing interstate transport
for the 2010 1-hr SO2 NAAQS as these
portions meet the requirements in
section 110(a)(2)(D)(i)(I) of the CAA.
EPA is soliciting public comments on
the issues discussed in this document.
These comments will be considered
before taking final action.
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);
• 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);
VerDate Sep<11>2014
18:59 Aug 07, 2018
Jkt 244001
• 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,
addressing Delaware’s interstate
transport requirements for the 2010 1hour SO2 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, Reporting and recordkeeping
requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 12, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018–16796 Filed 8–7–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 180208146–8690–01]
RIN 0648–XG025
Pacific Island Pelagic Fisheries; 2018
U.S. Territorial Longline Bigeye Tuna
Catch Limits
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed specifications; request
for comments.
AGENCY:
NMFS proposes a 2018 limit
of 2,000 metric tons (t) of longline-
SUMMARY:
PO 00000
Frm 00056
Fmt 4702
Sfmt 4702
39037
caught bigeye tuna for each U.S. Pacific
territory (American Samoa, Guam, and
the Commonwealth of the Northern
Mariana Islands (CNMI)). NMFS would
allow each territory to allocate up to
1,000 t each year to U.S. longline fishing
vessels in a specified fishing agreement
that meets established criteria. As an
accountability measure, NMFS would
monitor, attribute, and restrict (if
necessary) catches of longline-caught
bigeye tuna, including catches made
under a specified fishing agreement.
The proposed catch limits and
accountability measures would support
the long-term sustainability of fishery
resources of the U.S. Pacific Islands.
DATES: NMFS must receive comments
by August 23, 2018.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2018–0026, by either of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20180026, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Send written comments to
Michael D. Tosatto, Regional
Administrator, NMFS Pacific Islands
Region (PIR), 1845 Wasp Blvd., Bldg.
176, Honolulu, HI 96818.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on https://www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Rebecca Walker, NMFS PIRO
Sustainable Fisheries, 808–725–5184.
SUPPLEMENTARY INFORMATION: NMFS
proposes to specify a 2018 catch limit of
2,000 t of longline-caught bigeye tuna
for each U.S. Pacific territory. NMFS
would also authorize each U.S. Pacific
territory to allocate up to 1,000 t of its
2,000 t bigeye tuna limit to U.S. longline
fishing vessels that are permitted to fish
under the Fishery Ecosystem Plan for
Pelagic Fisheries of the Western Pacific
(FEP). Those vessels must be identified
in a specified fishing agreement with
E:\FR\FM\08AUP1.SGM
08AUP1
Agencies
[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Proposed Rules]
[Pages 39035-39037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16796]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2013-0492; FRL-9981-67--Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Interstate Transport Requirements for the 2010 1-Hour Sulfur
Dioxide Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve portions of a state implementation plan (SIP) revision
submittal from the State of Delaware. This revision addresses the
infrastructure requirement for interstate transport of pollution with
respect to the 2010 1-hour sulfur dioxide (SO2) national
ambient air quality standard (NAAQS). This action is being taken under
the Clean Air Act (CAA).
DATES: Written comments must be received on or before September 7,
2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2013-0492 at https://www.regulations.gov, or via email to
[email protected]. For
[[Page 39036]]
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: Joseph Schulingkamp, (215) 814-2021,
or by email at [email protected].
SUPPLEMENTARY INFORMATION: On May 29, 2013, the State of Delaware,
through the Delaware 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 2010 1-hour
SO2 NAAQS.
I. Background
A. General
On June 2, 2010, the EPA promulgated a revised primary
SO2 standard, establishing a new 1-hour primary standard at
the level of 75 parts per billion (ppb), based on the 3-year average of
the annual 99th percentile of 1-hour daily maximum concentrations
(hereafter ``the 2010 1-hour SO2 NAAQS''). At the same time,
the EPA also revoked the previous 24-hour and annual primary
SO2 standards. See 75 FR 35520 (June 22, 2010). See 40 CFR
50.11. The previous SO2 air quality standards were set in
1971, including a 24-hour average primary standard at 140 ppb and an
annual average primary standard at 30 ppb. See 36 FR 8186 (April 30,
1971).
Current scientific evidence links short-term exposures to
SO2, ranging from five minutes to 24 hours, with an array of
adverse respiratory effects including bronchoconstriction and increased
asthma symptoms. These effects are particularly important for
asthmatics at elevated ventilation rates (e.g., while exercising or
playing). Studies also show a connection between short-term exposure
and increased visits to emergency departments and hospital admissions
for respiratory illnesses, particularly in at-risk populations
including children, the elderly, and asthmatics.
B. EPA's Infrastructure Requirements
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.
C. Interstate Pollution Transport Requirements
Section 110(a)(2)(D)(i)(I) of the CAA requires a state's SIP to
include adequate provisions prohibiting any emissions activity in one
state that contributes significantly to nonattainment, or interferes
with maintenance, of the NAAQS in any downwind state. The EPA sometimes
refers to these requirements as prong 1 (significant contribution to
nonattainment) and prong 2 (interference with maintenance), or jointly
as the ``good neighbor'' provision of the CAA. Further information can
be found in the Technical Support Document (TSD) for this rulemaking
action, which is available online at www.regulations.gov, Docket number
EPA-R03-OAR-2013-0492.
II. Summary of SIP Revision and EPA Analysis
On May 29, 2013, Delaware submitted, through DNREC, a revision to
its SIP to satisfy the infrastructure requirements of section 110(a)(2)
of the CAA for the 2010 1-hour SO2 NAAQS, including the
interstate transport requirements of section 110(a)(2)(D)(i)(I). On
January 22, 2014 (79 FR 3506), the EPA approved Delaware's
infrastructure SIP submittal for the 2010 1-hour SO2 NAAQS
for all applicable elements of section 110(a)(2) with the exception of
110(a)(2)(D)(i)(I). This proposed rulemaking action is addressing the
portions of Delaware's infrastructure submittal for the 2010 1-hour
SO2 NAAQS that pertain to transport
requirements.1 2
---------------------------------------------------------------------------
\1\ For the EPA's explanation of its ability to act on discrete
elements of section 110(a)(2), see 80 FR 2865 (Approval and
Promulgation of Air Quality Implementation Plans; District of
Columbia; Infrastructure Requirements for the 2008 Ozone, 2010
Nitrogen Dioxide, and 2010 Sulfur Dioxide National Ambient Air
Quality Standards; Approval of Air Pollution Emergency Episode Plan
(January 21, 2015)).
\2\ This proposed approval action is based on the information
contained in the administrative record for this action, and does not
prejudge any other future EPA action that may make other
determinations regarding any of the subject state's air quality
status. Any such future actions, such as area designations under any
NAAQS, will be based on their own administrative records and the
EPA's analyses of information that becomes available at those times.
Future available information may include, and is not limited to,
monitoring data and modeling analyses conducted pursuant to the
EPA's SO2 Data Requirements Rule (80 FR 51052, August 21,
2015) and information submitted to the EPA by states, air agencies,
and third-party stakeholders such as citizen groups and industry
representatives.
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The portions of Delaware's May 29, 2013 SIP submittal addressing
interstate transport (for section 110(a)(2)(D)(i)(I)) discuss how
Delaware does not significantly contribute with respect to the 2010 1-
hour SO2 NAAQS to nonattainment in, or interfere with
maintenance in, any other state and discusses prevailing wind direction
in the region. Additionally, Delaware described in its submittal
several existing SIP-approved measures and other federally enforceable
source-specific measures, pursuant to permitting requirements under the
CAA, that apply to SO2 sources within the state.
Based on EPA's analysis, EPA agrees with Delaware's general
conclusion that
[[Page 39037]]
the existing Delaware SIP is adequate to prevent sources in Delaware
from significantly contributing to nonattainment or interfering with
maintenance in another state with respect to the 2010 1-hour
SO2 NAAQS. A detailed summary of EPA's review and rationale
for proposed approval of this SIP revision as meeting CAA section
110(a)(2)(D)(i)(I) for the 2010 1-hour SO2 NAAQS may be
found in the TSD.
III. Proposed Action
EPA is proposing to approve the portions of Delaware's May 29, 2013
SIP revision addressing interstate transport for the 2010 1-hr
SO2 NAAQS as these portions meet the requirements in section
110(a)(2)(D)(i)(I) of the CAA. EPA is soliciting public comments on the
issues discussed in this document. These comments will be considered
before taking final action.
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);
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
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, addressing Delaware's interstate
transport requirements for the 2010 1-hour SO2 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, Reporting and recordkeeping requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 12, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018-16796 Filed 8-7-18; 8:45 am]
BILLING CODE 6560-50-P