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]


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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.
---------------------------------------------------------------------------

    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
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