Approval and Promulgation of Air Quality Implementation Plans; Delaware; Update to Materials Incorporated by Reference, 50012-50014 [2018-21472]
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<![CDATA[
50012
Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Rules and Regulations
may also inspect the material with an
EPA approval date prior to July 1, 2016
for the District of Columbia at the
National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, go to: https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
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plan’’ update action for the District of
Columbia.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
[FR Doc. 2018–21471 Filed 10–3–18; 8:45 am]
BILLING CODE 6560–50–P
Dated: August 27, 2018.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
40 CFR Part 52
1. The authority for citation for part 52
continues to read as follows:
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Update to Materials
Incorporated by Reference
[DE105–1105; FRL–9983–49–Region 3]
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Authority: 42 U.S.C. 7401 et seq.
Subpart J—District of Columbia
§ 52.470
Identification of plan.
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(b) Incorporation by reference. (1)
Material listed in paragraphs (c) and (d)
of this section with an EPA approval
date prior to May 14, 2018, was
approved for incorporation by reference
by the Director of the Federal Register
in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Material is incorporated
as it exists on the date of approval, and
notice of any change in the material will
be published in the Federal Register.
Entries in paragraphs (c) and (d) of this
section with the EPA approval dates
after May 14, 2018 for the District of
Columbia, will be incorporated by
reference in the next update to the SIP
compilation.
(2) EPA Region III certifies that the
materials provided by EPA at the
addresses in paragraph (b)(3) of this
section are an exact duplicate of the
officially promulgated State rules/
regulations which have been approved
as part of the State implementation plan
as of the dates referenced in paragraph
(b)(1) of this section. No additional
revisions were made to paragraph (d) of
this section between July 1, 2016 and
May 14, 2018.
(3) Copies of the materials
incorporated by reference into the State
implementation plan may be inspected
at the Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. To
obtain the material, please call the
Regional Office at (215) 814–3376. You
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Environmental Protection
Agency (EPA).
ACTION: Final rule; administrative
change.
AGENCY:
2. Section 52.470 is amended by
revising paragraph (b) to read as follows:
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ENVIRONMENTAL PROTECTION
AGENCY
The Environmental Protection
Agency (EPA) is updating the materials
that are incorporated by reference (IBR)
into the Delaware State implementation
plan (SIP). The regulations affected by
this update have been previously
submitted by the Delaware Department
of Natural Resources and Environmental
Control (DNREC) and approved by EPA.
This update affects the SIP materials
that are available for public inspection
at the National Archives and Records
Administration (NARA) and the EPA
Regional Office.
DATES: This action is effective October
4, 2018.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103; and
the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html. EPA
requests that you email the contact
listed in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Erin
Trouba, (215) 814–2023 or by email at
trouba.erin@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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I. Background
Each State has a SIP containing the
control measures and strategies used to
attain and maintain the national
ambient air quality standards (NAAQS).
The SIP is extensive, containing such
elements as air pollution control
regulations, emission inventories,
monitoring networks, attainment
demonstrations, and enforcement
mechanisms.
Each State must formally adopt the
control measures and strategies in the
SIP after the public has had an
opportunity to comment on them and
then submit the proposed SIP revisions
to EPA. Once these control measures
and strategies are approved by EPA, and
after notice and comment, they are
incorporated into the federallyapproved SIP and are identified in part
52 ‘‘Approval and Promulgation of
Implementation Plans,’’ title 40 of the
Code of Federal Regulations (40 CFR
part 52). The full text of the State
regulation approved by EPA is not
reproduced in its entirety in 40 CFR part
52, but is ‘‘incorporated by reference.’’
This means that EPA has approved a
given State regulation with a specific
effective date. The public is referred to
the location of the full text version
should they want to know which
measures are contained in a given SIP.
The information provided allows EPA
and the public to monitor the extent to
which a State implements a SIP to attain
and maintain the NAAQS and to take
enforcement action if necessary.
The SIP is a living document which
a State revises as necessary to address
its unique air pollution problems.
Therefore, EPA, from time to time, must
take action on SIP revisions containing
new and/or revised regulations as being
part of the SIP. On May 22, 1997 (62 FR
27968), EPA revised the procedures for
incorporating by reference federallyapproved SIPs, as a result of
consultations between EPA and the
Office of the Federal Register (OFR). The
description of the revised SIP
document, IBR procedures and
‘‘Identification of plan’’ format are
discussed in further detail in the May
22, 1997 Federal Register document. On
December 7, 1998 (63 FR 67407), EPA
published a document in the Federal
Register beginning the new IBR
procedure for Delaware. On June 21,
2004 (69 FR 34285), April 3, 2007 (72
FR 15839), April 17, 2009 (74 FR
17771), May 2, 2011 (76 FR 24372),
September 24, 2013 (78 FR 58465), and
May 30, 2017 (82 FR 24529) EPA
published updates to the IBR material
for Delaware.
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Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Rules and Regulations
Since the publication of the last IBR
update, EPA has not made any
regulatory changes to paragraph (c) of
the Delaware SIP. However, in
paragraph (c), EPA is correcting the title
in section 1112 to read, Control of
Nitrogen Oxides Emissions. In
paragraph (d) of the Delaware SIP,
source specific requirements, EPA
incorporated a Secretary’s Order for
Delaware City Refining and removed
Secretary’s orders for SPI Polyols, Inc.
and General Chemical Corporation.
A. Added Regulations
In paragraph (d) of the Delaware SIP,
source specific requirements, EPA
incorporated a Secretary’s Order for
Delaware City Refining.
B. Revised Regulations
None.
C. Removed Regulations
In paragraph (d) of the Delaware SIP,
source specific requirements, EPA
removed Secretary’s orders for SPI
Polyols, Inc. and General Chemical
Corporation.
II. EPA Action
In this action, EPA is announcing the
update to the IBR material as of May 25,
2018 and revising the text within 40
CFR 52.420(b), (c), and (d).
III. Good Cause Exemption
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EPA has determined that this rule
falls under the ‘‘good cause’’ exemption
in section 553(b)(3)(B) of the
Administrative Procedures Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation and section
553(d)(3) which allows an agency to
make a rule effective immediately
(thereby avoiding the 30-day delayed
effective date otherwise provided for in
the APA). This rule simply codifies
provisions which are already in effect as
a matter of law in Federal and approved
State programs. Under section 553 of the
APA, an agency may find good cause
where procedures are ‘‘impractical,
unnecessary, or contrary to the public
interest.’’ Public comment is
‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the codification
only reflects existing law. Immediate
notice in the CFR benefits the public by
removing outdated citations and
incorrect table entries.
IV. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
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by reference of previously EPA
approved regulations promulgated by
the State of Delaware and federally
effective prior to May 25, 2018. EPA has
made, and will continue to make, these
materials generally available through
www.regulations.gov and at the EPA
Region III Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
V. Statutory and Executive Order
Reviews
A. General Requirements
Under the Clean Air Act (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
PO 00000
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50013
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule 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. This rule is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
EPA has also determined that the
provisions of section 307(b)(1) of the
CAA pertaining to petitions for judicial
review are not applicable to this action.
Prior EPA rulemaking actions for each
individual component of the Delaware
SIP compilations had previously
afforded interested parties the
opportunity to file a petition for judicial
review in the United States Court of
Appeals for the appropriate circuit
within 60 days of such rulemaking
action. Thus, EPA sees no need in this
action to reopen the 60-day period for
filing such petitions for judicial review
for this ‘‘Identification of plan’’ update
action for Delaware.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
E:\FR\FM\04OCR1.SGM
04OCR1
50014
Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Rules and Regulations
Dated: August 21, 2018.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority for citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart I: Delaware
2. Section 52.420 is amended by:
a. Revising paragraph (b).
b. In paragraph (c), revising the table
heading for section 1112.
The revisions read as follows:
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§ 52.420
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Identification of plan.
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(b) Incorporation by reference. (1)
Material listed in paragraphs (c) and (d)
of this section with an EPA approval
date prior to May 25, 2018, was
approved for incorporation by reference
by the Director of the Federal Register
in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Entries in paragraphs (c)
and (d) of this section with the EPA
approval dates after May 25, 2018 for
the State of Delaware have been
approved by EPA for inclusion in the
State implementation plan and for
incorporation by reference into the plan
as it is contained in this section, and
will be considered by the Director of the
Federal Register for approval in the next
update to the SIP compilation.
(2) EPA Region III certifies that the
materials provided by EPA at the
addresses in paragraph (b)(3) of this
section are an exact duplicate of the
officially promulgated State rules/
regulations which have been approved
as part of the State implementation plan
as of the dates referenced in paragraph
(b)(1) of this section.
(3) Copies of the materials
incorporated by reference into the State
implementation plan may be inspected
at the Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. To
obtain the material, please call the
Regional Office at (215) 814–3376. You
may also inspect the material with an
EPA approval date prior to May 25,
2018 for the State of Delaware at the
National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, go to: https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
(c) * * *
EPA-APPROVED REGULATIONS AND STATUTES IN THE DELAWARE SIP
State citation
(7 DNREC 1100)
Title/subject
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1112
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0546; FRL–9984–53–
Region 4]
Air Plan Approval; MS; Section 128
Board Requirements for Infrastructure
SIPs
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a State Implementation Plan
(SIP) submission, submitted by the State
of Mississippi, through the Mississippi
Department of Environmental Quality
(MDEQ), on June 26, 2018. This SIP
submission addresses specific Clean Air
Act (CAA or Act) requirements
applicable to Mississippi state boards or
bodies that approve CAA permits or
enforcement orders. This submission
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SUMMARY:
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EPA approval date
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also specifically addresses related
requirements for implementation of the
following national ambient air quality
standards (NAAQS): 2008 8-hour
Ozone, 2008 Lead, 2010 Nitrogen
Dioxide (NO2), 2010 Sulfur Dioxide
(SO2), and 1997, 2006 and 2012 fine
particulate matter (PM2.5). Whenever
EPA promulgates a new or revised
NAAQS, the CAA requires the state to
make a new SIP submission establishing
that the existing SIP meets the various
applicable requirements, or revising the
SIP to meet those requirements. This
type of SIP submission is commonly
referred to as an ‘‘infrastructure’’ SIP. In
this final action, EPA is approving the
June 26, 2018, submission with respect
to the CAA requirements applicable to
state boards; and the related state board
infrastructure SIP requirements for the
2008 8-hour Ozone, 2008 Lead, 2010
NO2, 2010 SO2 and 1997, 2006 and 2012
PM2.5, NAAQS. This action removes
EPA’s obligation to promulgate a
Federal Implementation Plan (FIP) to
address these CAA state board
requirements for Mississippi.
This rule will be effective
November 5, 2018.
DATES:
PO 00000
Additional
explanation/
citation
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Control of Nitrogen Oxides Emissions
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[FR Doc. 2018–21472 Filed 10–3–18; 8:45 am]
State effective
date
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EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0546. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
ADDRESSES:
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]]>Agencies
[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)]
[Rules and Regulations]
[Pages 50012-50014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21472]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[DE105-1105; FRL-9983-49-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Update to Materials Incorporated by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; administrative change.
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SUMMARY: The Environmental Protection Agency (EPA) is updating the
materials that are incorporated by reference (IBR) into the Delaware
State implementation plan (SIP). The regulations affected by this
update have been previously submitted by the Delaware Department of
Natural Resources and Environmental Control (DNREC) and approved by
EPA. This update affects the SIP materials that are available for
public inspection at the National Archives and Records Administration
(NARA) and the EPA Regional Office.
DATES: This action is effective October 4, 2018.
ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; and the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. EPA requests that you email the contact listed in
the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Erin Trouba, (215) 814-2023 or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Each State has a SIP containing the control measures and strategies
used to attain and maintain the national ambient air quality standards
(NAAQS). The SIP is extensive, containing such elements as air
pollution control regulations, emission inventories, monitoring
networks, attainment demonstrations, and enforcement mechanisms.
Each State must formally adopt the control measures and strategies
in the SIP after the public has had an opportunity to comment on them
and then submit the proposed SIP revisions to EPA. Once these control
measures and strategies are approved by EPA, and after notice and
comment, they are incorporated into the federally-approved SIP and are
identified in part 52 ``Approval and Promulgation of Implementation
Plans,'' title 40 of the Code of Federal Regulations (40 CFR part 52).
The full text of the State regulation approved by EPA is not reproduced
in its entirety in 40 CFR part 52, but is ``incorporated by
reference.'' This means that EPA has approved a given State regulation
with a specific effective date. The public is referred to the location
of the full text version should they want to know which measures are
contained in a given SIP. The information provided allows EPA and the
public to monitor the extent to which a State implements a SIP to
attain and maintain the NAAQS and to take enforcement action if
necessary.
The SIP is a living document which a State revises as necessary to
address its unique air pollution problems. Therefore, EPA, from time to
time, must take action on SIP revisions containing new and/or revised
regulations as being part of the SIP. On May 22, 1997 (62 FR 27968),
EPA revised the procedures for incorporating by reference federally-
approved SIPs, as a result of consultations between EPA and the Office
of the Federal Register (OFR). The description of the revised SIP
document, IBR procedures and ``Identification of plan'' format are
discussed in further detail in the May 22, 1997 Federal Register
document. On December 7, 1998 (63 FR 67407), EPA published a document
in the Federal Register beginning the new IBR procedure for Delaware.
On June 21, 2004 (69 FR 34285), April 3, 2007 (72 FR 15839), April 17,
2009 (74 FR 17771), May 2, 2011 (76 FR 24372), September 24, 2013 (78
FR 58465), and May 30, 2017 (82 FR 24529) EPA published updates to the
IBR material for Delaware.
[[Page 50013]]
Since the publication of the last IBR update, EPA has not made any
regulatory changes to paragraph (c) of the Delaware SIP. However, in
paragraph (c), EPA is correcting the title in section 1112 to read,
Control of Nitrogen Oxides Emissions. In paragraph (d) of the Delaware
SIP, source specific requirements, EPA incorporated a Secretary's Order
for Delaware City Refining and removed Secretary's orders for SPI
Polyols, Inc. and General Chemical Corporation.
A. Added Regulations
In paragraph (d) of the Delaware SIP, source specific requirements,
EPA incorporated a Secretary's Order for Delaware City Refining.
B. Revised Regulations
None.
C. Removed Regulations
In paragraph (d) of the Delaware SIP, source specific requirements,
EPA removed Secretary's orders for SPI Polyols, Inc. and General
Chemical Corporation.
II. EPA Action
In this action, EPA is announcing the update to the IBR material as
of May 25, 2018 and revising the text within 40 CFR 52.420(b), (c), and
(d).
III. Good Cause Exemption
EPA has determined that this rule falls under the ``good cause''
exemption in section 553(b)(3)(B) of the Administrative Procedures Act
(APA) which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation and section 553(d)(3) which allows
an agency to make a rule effective immediately (thereby avoiding the
30-day delayed effective date otherwise provided for in the APA). This
rule simply codifies provisions which are already in effect as a matter
of law in Federal and approved State programs. Under section 553 of the
APA, an agency may find good cause where procedures are ``impractical,
unnecessary, or contrary to the public interest.'' Public comment is
``unnecessary'' and ``contrary to the public interest'' since the
codification only reflects existing law. Immediate notice in the CFR
benefits the public by removing outdated citations and incorrect table
entries.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of previously
EPA approved regulations promulgated by the State of Delaware and
federally effective prior to May 25, 2018. EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region III Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act (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
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 rule 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
EPA has also determined that the provisions of section 307(b)(1) of
the CAA pertaining to petitions for judicial review are not applicable
to this action. Prior EPA rulemaking actions for each individual
component of the Delaware SIP compilations had previously afforded
interested parties the opportunity to file a petition for judicial
review in the United States Court of Appeals for the appropriate
circuit within 60 days of such rulemaking action. Thus, EPA sees no
need in this action to reopen the 60-day period for filing such
petitions for judicial review for this ``Identification of plan''
update action for Delaware.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
[[Page 50014]]
Dated: August 21, 2018.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority for citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart I: Delaware
0
2. Section 52.420 is amended by:
0
a. Revising paragraph (b).
0
b. In paragraph (c), revising the table heading for section 1112.
The revisions read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to May 25,
2018, was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Entries in paragraphs (c) and (d) of this section with the EPA
approval dates after May 25, 2018 for the State of Delaware have been
approved by EPA for inclusion in the State implementation plan and for
incorporation by reference into the plan as it is contained in this
section, and will be considered by the Director of the Federal Register
for approval in the next update to the SIP compilation.
(2) EPA Region III certifies that the materials provided by EPA at
the addresses in paragraph (b)(3) of this section are an exact
duplicate of the officially promulgated State rules/regulations which
have been approved as part of the State implementation plan as of the
dates referenced in paragraph (b)(1) of this section.
(3) Copies of the materials incorporated by reference into the
State implementation plan may be inspected at the Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. To obtain the material, please call the Regional
Office at (215) 814-3376. You may also inspect the material with an EPA
approval date prior to May 25, 2018 for the State of Delaware at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
(c) * * *
EPA-Approved Regulations and Statutes in the Delaware SIP
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State
State citation (7 DNREC 1100) Title/subject effective date EPA approval date Additional explanation/ citation
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* * * * * * *
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1112 Control of Nitrogen Oxides Emissions
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* * * * * * *
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* * * * *
[FR Doc. 2018-21472 Filed 10-3-18; 8:45 am]
BILLING CODE 6560-50-P
