Approval and Promulgation of Air Quality Implementation Plans; Delaware; Infrastructure Requirements for the 2015 Ozone Standard and Revisions to Modeling Requirements, 25307-25311 [2020-08241]
Download as PDF
<![CDATA[
25307
Federal Register / Vol. 85, No. 85 / Friday, May 1, 2020 / Rules and Regulations
TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS
Applicable
geographic or
nonattainment
area
Name of SIP provision
*
*
*
State
submittal
date
EPA approval
date
*
*
Explanations
*
*
*
*
*
*
*
*
Attainment and Maintenance Planning—Particulate Matter (PM10)
*
*
Particulate Matter (PM10) 2nd 10-Year
Maintenance Plan.
*
*
Wallula ........................
*
*
*
11/22/19
*
5/1/2020, [Insert Federal
Register citation].
*
*
Supplementary Documents
*
*
2003 Columbia Plateau Windblown Dust
Natural Events Action Plan.
2018 Fugitive Dust Control Guidelines for
Beef Cattle Feedlots and Best Management Practices.
*
.....................................
.....................................
[FR Doc. 2020–08123 Filed 4–30–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2019–0663; FRL–10007–
98–Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Infrastructure Requirements
for the 2015 Ozone Standard and
Revisions to Modeling Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving two state
implementation plan (SIP) submissions
submitted by the State of Delaware. The
first submission addresses the basic
program elements, including, but not
limited to, regulatory structure,
monitoring, modeling, legal authority,
and adequate resources necessary to
assure attainment and maintenance of
the National Ambient Air Quality
Standards (NAAQS). This type of SIP
submission is referred to as an
infrastructure SIP submission. Delaware
made this submission in order to
address the infrastructure requirements
for the 2015 ozone NAAQS. EPA is
approving Delaware’s infrastructure SIP
submission in accordance with the
requirements of Clean Air Act (CAA)
section 110(a). EPA is also approving a
SUMMARY:
VerDate Sep<11>2014
08:05 May 01, 2020
Jkt 250001
*
11/22/19
11/22/19
*
5/1/2020, [Insert Federal
Register citation].
5/1/2020, [Insert Federal
Register citation].
second submission from Delaware
which updates a reference to the current
version of EPA’s modeling guidance.
DATES: This final rule is effective on
June 1, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2019–0663. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Joseph Schulingkamp, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. The telephone number is (215)
814–2021. Mr. Schulingkamp can also
be reached via electronic mail at
schulingkamp.joseph@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On February 10, 2020 (85 FR 7494),
EPA published a notice of proposed
rulemaking (NPRM) for the State of
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
Delaware. In the NPRM, EPA proposed
approval of two SIP submissions
submitted on behalf of the State of
Delaware by the Delaware Department
of Natural Resources (DNREC).
DRNEC submitted the first SIP
submission on October 11, 2018 to
address the infrastructure SIP
requirements of CAA section 110(a)(2)
for the 2015 ozone NAAQS. This
submission addressed the following
elements of CAA section 110(a)(2): (A),
(B), (C), (D)(i)(I), (D)(i)(II), (E), (F), (G),
(H), (J), (K), (L), and (M). On November
4, 2019, DNREC submitted a letter
identifying outdated references in its
October 11, 2018 submission and
committing to submit a future SIP
revision in order to address the
deficiency. With this letter, Delaware
requested that EPA conditionally
approve the State’s submission with
respect to CAA section 110(a)(2)(K),
based on the commitment to submit a
future SIP revision to update a State
regulation to reflect current
requirements with respect to modeling.
On December 16, 2019, however,
DNREC submitted a second SIP
submission to amend Title 7 of the
Delaware Administrative Code (DE
Admin. Code), Regulation 1125,
Requirements for Preconstruction
Review in the current EPA-approved SIP
for Delaware. The State intended this
submission to meet the commitment
described in the State’s November 4,
2019 letter as previously described. This
second submission revises a section of
Regulation 1125 to incorporate by
reference the most recent revision to
E:\FR\FM\01MYR1.SGM
01MYR1
25308
Federal Register / Vol. 85, No. 85 / Friday, May 1, 2020 / Rules and Regulations
EPA’s Guideline on Air Quality Models
into State regulation. Specifically, the
revision changes Delaware’s regulation
that references the ‘‘Guideline on Air
Quality Models’’ as published by EPA’s
Office of Air Quality Planning and
Standards in July 1986 and
supplemented in July 1987 to the
‘‘Guideline on Air Quality Models (40
CFR part 51, Appendix W, July 1, 2019
ed.).’’ Because Delaware has submitted
the intended SIP revision outlined in
the State’s November 4, 2019 letter, EPA
considered CAA section 110(a)(2)(K) of
Delaware’s October 11, 2018 SIP
submission for full approval instead of
the November 4, 2019 request for
conditional approval.
II. EPA Analysis
EPA has analyzed Delaware’s October
11, 2018 infrastructure SIP submission
for the 2015 ozone NAAQS and has
determined that it meets the applicable
requirements of CAA section 110(a)(2).
EPA also reviewed Delaware’s revisions
to 7 DE Admin. Code 1125 and
concludes that the revised references to
40 CFR part 51, Appendix W, as
published in the July 2019 edition of the
CFR, are the correct modeling
guidelines to use for implementation of
CAA programs. A detailed summary of
EPA’s review and rationale for
approving Delaware’s submissions may
be found in the technical support
document (TSD) for the proposed
rulemaking action which is available
online at www.regulations.gov, docket
number EPA–R03–OAR–2019–0663.
Other specific requirements and
background information, as well as the
rationale for EPA’s proposed action, are
explained in the NPRM and will not be
restated here.
III. Response to Comments
EPA received four sets of comments
in response to the NPRM that are
available in the docket for this action.
Summaries of the significant adverse
comments and EPA’s responses are
provided below.
Comment 1: The first commenter
stated that EPA should disapprove
Delaware’s infrastructure SIP
submission because, ‘‘it is substantially
higher than the 2012 federal levels EPA
established for that smog-forming
pollutant.’’ The commenter continued
by mentioning a ‘‘1,000-pound-persquare-mile rule’’ which, the commenter
stated, Delaware and New Jersey have
already implemented while other states
have not but are now in the process of
complying.
Response 1: EPA disagrees with the
comment. The commenter did not
provide any additional information
VerDate Sep<11>2014
08:05 May 01, 2020
Jkt 250001
beyond general assertions; the
commenter did not identify any specific
infrastructure element. The commenter
suggests Delaware has substantially
higher smog-forming pollutants than
‘‘2012 federal levels,’’ but EPA notes
that the Agency did not set any ‘‘federal
levels’’ in the 2012 calendar year for any
smog-forming pollutants such as oxides
of nitrogen (NOX) or volatile organic
compounds (VOCs). Furthermore, EPA
notes the purpose of an infrastructure
SIP is to ensure the state has addressed
the basic program elements, including,
but not limited to, regulatory structure,
monitoring, modeling, legal authority,
and adequate resources necessary to
assure attainment and maintenance of
the NAAQS; an infrastructure SIP
submission is not required to address
the nonattainment plan SIP submission
requirements of section 110(a)(2)(I) for
attainment of the NAAQS in question.1
To the extent that Delaware has
designated nonattainment areas for this
NAAQS, the State will address and EPA
will evaluate those requirements in a
separate action. With respect to a
‘‘1,000-pound-per-square-mile rule,’’
EPA is unaware of any such rule
implemented by any of the states named
by the commenter, nor was EPA able to
identify the commenter’s concerns with
EPA’s proposed approval of Delaware’s
infrastructure submission as it relates to
any such rule.
Comment 2: The second commenter
suggested that EPA should disapprove
Delaware’s infrastructure SIP
submission, ‘‘because of its findings that
either EPA hasn’t considered this issue
fully or that it is not sufficiently vigilant
in its enforcement of its regulations.’’
The commenter also stated that EPA
should disapprove the infrastructure SIP
submission out of concern that the State
will not be able to sustain its planned
measures to reduce ozone during the
next two decades. The commenter also
referenced four reasonably available
control technology (RACT) programs in
the states of Delaware, New Jersey, New
York, and the Commonwealth of
Pennsylvania, and suggested that EPA
should disapprove Delaware’s
infrastructure SIP submission, ‘‘until all
four states have RACT programs that are
approved.’’
Response 2: EPA disagrees with the
commenter’s statement that, ‘‘EPA
hasn’t considered this issue fully or that
it is not sufficiently vigilant in its
enforcement of its regulations.’’ In the
TSD for this rulemaking action, EPA
1 See Guidance on Infrastructure State
Implementation Plan (SIP) Elements under Clear
Air Act Section 110(a)(1) and 110(a)(2),’’
Memorandum from Stephen D. Page, September 13,
2013.
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
determined that the State of Delaware is
currently operating a program to
provide for the enforcement of emission
limits and other control measures,
means, or techniques as may be
necessary or appropriate to meet the
applicable requirements of the CAA.
Delaware’s SIP submission references
several State laws and regulations
which allow the State to exercise its
programmatic authority to utilize
enforcement powers, and to impose
criminal, civil, and administrative
penalties to sources in the State that
violate applicable SIP emission limits or
control measures.
EPA further disagrees that the Agency
should disapprove Delaware’s
submission based on the assertion that
the State may not be able to sustain its
ozone reductions for the next two
decades. In terms of the SIP submissions
before EPA in this rulemaking action,
the commenter did not identify any
specific infrastructure SIP deficiencies
which would prevent the State from
meeting its obligations. Although the
commenter does not identify any
specific CAA requirements, EPA
believes the commenter is referring to
the maintenance plan requirements
under CAA section 175A which is
analogous to the commenter’s phrasing
‘‘. . . to sustain ozone reductions for the
next two decades.’’ CAA section 175A
requires any state requesting a
redesignation of a nonattainment area to
submit a revision to provide for the
maintenance of the NAAQS for at least
10 years. A state is also required under
CAA section 175A(b) to submit a second
revision to provide for the maintenance
of the NAAQS for an additional 10 years
after the expiration of the first 10-year
period; thus, ensuring maintenance of
the NAAQS for a total of 20 years. The
latter maintenance plan requirements
under section 175A are not applicable
in the context of an infrastructure SIP
submission.
EPA also disagrees that it should
disapprove Delaware’s infrastructure
submission because it has not yet
approved RACT submissions for the
2015 ozone NAAQS for the States of
Delaware, New Jersey, New York, and
the Commonwealth of Pennsylvania.
These RACT requirements are not
relevant to the applicable infrastructure
SIP submission requirements of CAA
section 110(a)(1) and 110(a)(2), but
rather to the requirements in CAA
sections 110(a)(2)(I), 182 and 184. These
sections establish requirements for
nonattainment area SIP submission and
the states included in the Ozone
Transport Region (OTR).
As explained in the response to
Comment 1 of this preamble, the
E:\FR\FM\01MYR1.SGM
01MYR1
Federal Register / Vol. 85, No. 85 / Friday, May 1, 2020 / Rules and Regulations
purpose of an infrastructure SIP is not
to meet nonattainment plan
requirements for the NAAQS, but to
ensure that a state’s SIP includes basic
program elements necessary to assure
attainment, maintenance, and
enforcement of the NAAQS. The
requirements of CAA sections
110(a)(2)(I), 175A, 182, and 184 all
relate to states’ attainment planning
requirements if they have designated
nonattainment areas for the NAAQS in
question. SIP submissions to meet these
requirements are due by different
statutorily prescribed deadlines under
subparts 2 through 5 under part D.
Because the CAA directs states to
submit these nonattainment plan SIP
submissions on a separate schedule,
EPA does not interpret the CAA to
require states to address these
requirements in the infrastructure SIP
submission due three years after
promulgation or revision of a NAAQS.
Comment 3: The third commenter
questioned EPA’s proposed approval of
Delaware’s infrastructure SIP
submission with respect to section
110(a)(2)(K) pertaining to modeling
requirements, including the revision to
Regulation 1125. The commenter
asserted EPA has already approved an
infrastructure SIP submission from the
State of New Mexico in which that State
had language similar to that of the State
of Delaware, and thus suggested that
EPA is being inconsistent in its
approach to this infrastructure SIP
element. The comment further asserted
that EPA must explain why Delaware’s
pre-existing regulation was different
from the New Mexico regulation, or else
‘‘recall the approval of New Mexico’s
SIP action and force the state to fix the
problem.’’ The comment also suggested
that EPA cannot require Delaware to
revise its regulations with respect to
modeling authority and requirements to
meet CAA section 110(a)(2)(K) ‘‘while
allowing New Mexico to skirt federal
regulations.’’
Response 3: EPA disagrees with the
commenter. First, as EPA stated in the
NPRM and the TSD for this rulemaking
action, Delaware is correctly addressing
the requirements of section 110(a)(2)(K)
in this action. The State correctly
addressed the deficiency initially
identified by EPA and submitted a
separate SIP revision to change the
reference in Regulation 1125 to refer
clearly to the Guideline on Air Quality
Models in 40 CFR part 51, appendix W.
Delaware initially identified an existing
state regulation to meet the
requirements of 110(a)(2)(K) that
explicitly referenced an outdated
version of EPA’s Guideline on Air
Quality Models. Upon further
VerDate Sep<11>2014
08:05 May 01, 2020
Jkt 250001
25309
investigation, EPA determined, and
Delaware agreed, that the State
regulation did not authorize the State to
use the most recent version of EPA’s
Guideline on Air Quality Models.
Delaware made the necessary changes to
the State regulation. EPA proposed
approval of Delaware’s revision to
Regulation 1125 because the revision is
consistent with CAA section
110(a)(2)(K) and allows the State to
comply and use the correct modeling
guidelines found in 40 CFR part 51,
appendix W.
Second, EPA disagrees with the
commenter’s assertion that the Agency
is allowing states to ‘‘skirt federal
regulations’’ or that the Agency must
‘‘recall the approval of New Mexico’s
SIP action and force the state to fix the
problem.’’ EPA assumes the commenter
is referring to the final rulemaking
notice (FRN) published on September
18, 2019, relating to New Mexico’s 2015
ozone NAAQS infrastructure SIP.2 In
the New Mexico FRN, EPA responded to
similar comments regarding the
appropriateness of the Agency’s
proposed approval of CAA section
110(a)(2)(K) and explained why the
Agency believed the wording of the
New Mexico regulation was sufficient in
the response to comments section. In
that action, upon evaluation of the
authority provided by the regulation in
question, EPA and the State agreed that
New Mexico’s regulations submitted to
meet the relevant CAA requirements
provide the State with the authority and
the requirement to use the latest version
of EPA’s Guideline on Air Quality
Models, also known as Appendix W,
and is not restricting the State to use the
version referenced in the State’s
regulation.
Finally, EPA is not acting on any New
Mexico SIP submission in this action,
thus how New Mexico’s SIP meets CAA
section 110(a)(2)(K) is not relevant to
the approval of Delaware’s Regulation
1125 or the Delaware infrastructure SIP
submission for the 2015 ozone NAAQS
with respect to CAA section
110(a)(2)(K). Further, the New Mexico
action’s public comment period closed
on May 20, 2019 and the FRN was
published on September 18, 2019 (84 FR
49057, September 18, 2019); there is no
basis to reopen that action at this time,
nor does the commenter provide any
such basis.
Comment 4: The fourth commenter
asked why EPA was approving
Delaware’s modeling regulation change.
The commenter claimed Delaware’s
ozone air quality has remained
substantially unchanged from 2005
through 2012 even though ozone levels
fell in other states. The comment
referenced an ‘‘Ozone Science Program’s
(OSP) review of the Virginia program
and other states’ EPA-issued Ground
Level Ozone Standards (GLOS),’’ but
did not elaborate this review’s
conclusions. The comment claims that
EPA approved Delaware’s proposed rule
change based on flawed science and
because of political and regulatory
considerations. The comment concludes
by claiming, ‘‘As a result of EPA’s
disregard for its own standards,
Delaware’s ozone standards remain
virtually unchanged from 2012 until
2022.’’
Response 4: EPA disagrees with the
comment. EPA proposed approval of
Delaware’s Regulation 1125 because the
revision corrects a deficiency where the
State regulation referenced a specific
document authored and published by
EPA in 1986 and supplemented in 1987.
This document was replaced by 40 CFR
part 51, appendix W and was most
recently updated in the Federal Register
on January 17, 2017 at, 82 FR 5203.
Based on this information, DNREC
correctly revised Regulation 1125 and
submitted it to EPA for approval into
the SIP, which EPA subsequently
proposed approval in the NPRM. The
commenter’s assertions that the
proposed approval of this regulation is
‘‘based on flawed science and because
of political and regulatory
considerations’’ is incorrect and the
commenter did not provide any
additional information to support these
claims.
As a factual matter, EPA also
disagrees with the assertions that
Delaware’s air quality has remained
unchanged for 10 years. Since 2007,
design values 3 in Delaware have
consistently trended downward and the
most recent data shows only three out
of the seven State monitors are showing
violations of the 2015 ozone NAAQS
based on 2018 design values.4 EPA
reiterates that the purpose of an
infrastructure SIP is not to demonstrate
attainment of the NAAQS, but to ensure
that a state’s SIP has addressed basic
program elements necessary to assure
attainment, maintenance, and
enforcement of the NAAQS. Therefore,
the status of Delaware’s air quality is not
relevant to whether EPA should approve
2 See 84 FR 49057, September 18, 2019; ‘‘Air Plan
Approval; New Mexico; Infrastructure for the 2015
Ozone National Ambient Air Quality Standards and
Repeal of State Regulations for Total Suspended
Particulate’’.
3 A ‘‘design value’’ is a statistical metric that
describes the air quality status of a given location
relative to the level of the NAAQS.
4 See https://www.epa.gov/air-trends/air-qualitydesign-values#report.
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
E:\FR\FM\01MYR1.SGM
01MYR1
25310
Federal Register / Vol. 85, No. 85 / Friday, May 1, 2020 / Rules and Regulations
the revisions to Regulation 1125 or the
State’s infrastructure SIP submission.
IV. Final Action
EPA is approving Delaware’s October
11, 2018 infrastructure SIP submission
for the 2015 ozone NAAQS because it
provides the basic program elements
specified in CAA section 110(a)(2)(A),
(B), (C), (D), (E), (F), (G), (H), (J), (K), (L),
and (M) necessary to implement,
maintain, and enforce the 2015 ozone
NAAQS. This rulemaking action does
not include action on CAA section
110(a)(2)(I) which pertains to the
nonattainment planning requirements of
part D, title I of the CAA, because this
element is not required to be submitted
by the 3-year submission deadline of
section 110(a)(1) of the CAA and will be
addressed in a separate process. EPA is
also approving Delaware’s December 16,
2019 SIP submission which updates 7
DE Admin. Code 1125 in order to
incorporate by reference the correct
modeling guidelines contained in 40
CFR part 51, appendix W. EPA’s
approval of the infrastructure SIP
submission with respect to section
110(a)(2)(K) is based on this revision to
Delaware’s SIP.
V. Incorporation by Reference
In this document, 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 section 3.10 of 7 DE
Admin. Code, Regulation 1125, effective
January 11, 2020. EPA has made, and
will continue to make, these materials
generally available through https://
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).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.5
VI. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
5 62
FR 27968 (May 22, 1997).
VerDate Sep<11>2014
08:05 May 01, 2020
Jkt 250001
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.
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 30, 2020. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action,
pertaining to Delaware’s section
110(a)(2) infrastructure requirements for
the 2015 ozone NAAQS and revisions to
Regulation 1125, may not be challenged
later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: April 13, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart I—Delaware
2. Amend § 52.420:
a. In the table in paragraph (c), under
‘‘1125 Requirements for Preconstruction
■
■
E:\FR\FM\01MYR1.SGM
01MYR1
25311
Federal Register / Vol. 85, No. 85 / Friday, May 1, 2020 / Rules and Regulations
Review’’ by revising the entry for
‘‘Section 3.0’’; and
■ b. In the table in paragraph (e) by
adding the entry ‘‘Section 110(a)(2)
Infrastructure Requirements for the 2015
Ozone NAAQS’’ at the end of the table.
The revision and addition read as
follows:
§ 52.420
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS AND STATUTES IN THE DELAWARE SIP
State regulation
(7 DNREC
1100)
State
effective
date
Title/subject
*
*
EPA approval date
*
*
Additional explanation
*
*
*
*
*
1125 Requirements for Preconstruction Review
*
*
Section 3.0 .......
Prevention of Significant Deterioration of Air Quality.
*
*
*
*
*
*
*
*
Section 110(a)(2) Infrastructure Requirements
for the 2015 Ozone
NAAQS.
*
5/1/2020, [insert Federal
Register citation].
*
Docket #: 2019–0663. Revised 3.10.1 and
3.10.2. Note: Previous Section 3.0 approval October 2, 2012.
*
*
*
(e) * * *
Applicable
geographic
area
State submittal
date
*
*
Statewide ....
10/11/18
[FR Doc. 2020–08241 Filed 4–30–20; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 96
[GN Docket 12–354, FCC 16–55; GN 17–
258, FCC 18–149; FRS 16630]
Commercial Operations in the 3550–
3650 MHz Band; Promoting Investment
in the 3550–3700 MHz Band
Federal Communications
Commission.
ACTION: Final rule; announcement of
compliance date.
AGENCY:
In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved four information collections
associated with rules governing Priority
Access Licenses (PALs) in the 3550–
3700 MHz (3.5 GHz) band in the 2016
Order on Reconsideration and Second
Report and Order, FCC 16–55, in GN
Docket No. 12–354, and 2018 Report
and Order, FCC 18–149, in GN Docket
SUMMARY:
VerDate Sep<11>2014
1/11/20
*
*
Name of non-regulatory
SIP revision
*
08:05 May 01, 2020
Jkt 250001
EPA approval date
*
Additional explanation
*
5/1/2020, [insert Federal
Register citation].
Frm 00031
Fmt 4700
Sfmt 4700
*
Docket #: 2019–0663. This action addresses CAA
section 110(a)(2)(A), (B), (C), (D), (E), (F), (G),
(H), (J), (K), (L), and (M).
No. 17–258. The Commission also
announces that compliance with the
rules is now required. It removes
paragraphs advising that compliance
was not required until OMB approval
was obtained. This document is
consistent with the 2016 Order on
Reconsideration and Second Report and
Order and 2018 Report and Order,
which state the Commission will
publish a document in the Federal
Register announcing a compliance date
for the rule sections and revise the rules
accordingly.
DATES: Effective May 1, 2020.
Compliance date: Compliance with 47
CFR 1.9046, 96.23(a), 96.25(b), 96.32(a)
and (b), and 96.66, published at 81 FR
49024 on July 26, 2016, and 83 FR
63076 on December 7, 2018, is required
as of May 1, 2020.
This document also removes sections
96.23(d), 96.25(b)(5), and 96.32(d) of the
Commission’s rules, which advised that
compliance with 96.23(a), 96.25(b), and
96.32(b) was not required until OMB
approval was obtained.
FOR FURTHER INFORMATION CONTACT:
Jessica Quinley of the Wireless
Telecommunications Bureau, Mobility
PO 00000
*
Division, at (202) 418–1991 or
Jessica.Quinley@fcc.gov.
SUPPLEMENTARY INFORMATION: This
document announces that OMB
approved the four information
collection requirements in §§ 1.9046,
96.23(a), 96.25(b), 96.32(a) and (b), and
96.66 on March 31, 2020.
The Commission publishes this
document as an announcement of the
compliance date of the rules. If you have
any comments on the burden estimates
listed below, or how the Commission
can improve the collections and reduce
any burdens caused thereby, please
contact Cathy Williams, Federal
Communications Commission, Room 1–
C823, 445 12th Street, SW, Washington,
DC 20554, regarding OMB Control
Numbers 3060–1211, 3060–1058, 3060–
0798, and 3060–0800. Please include
the applicable OMB Control Number in
your correspondence. The Commission
will also accept your comments via
email at PRA@fcc.gov.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to fcc504@
fcc.gov or call the Consumer and
E:\FR\FM\01MYR1.SGM
01MYR1
]]>Agencies
[Federal Register Volume 85, Number 85 (Friday, May 1, 2020)]
[Rules and Regulations]
[Pages 25307-25311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08241]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2019-0663; FRL-10007-98-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Infrastructure Requirements for the 2015 Ozone Standard and
Revisions to Modeling Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving two
state implementation plan (SIP) submissions submitted by the State of
Delaware. The first submission addresses the basic program elements,
including, but not limited to, regulatory structure, monitoring,
modeling, legal authority, and adequate resources necessary to assure
attainment and maintenance of the National Ambient Air Quality
Standards (NAAQS). This type of SIP submission is referred to as an
infrastructure SIP submission. Delaware made this submission in order
to address the infrastructure requirements for the 2015 ozone NAAQS.
EPA is approving Delaware's infrastructure SIP submission in accordance
with the requirements of Clean Air Act (CAA) section 110(a). EPA is
also approving a second submission from Delaware which updates a
reference to the current version of EPA's modeling guidance.
DATES: This final rule is effective on June 1, 2020.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2019-0663. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Joseph Schulingkamp, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2021. Mr. Schulingkamp can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On February 10, 2020 (85 FR 7494), EPA published a notice of
proposed rulemaking (NPRM) for the State of Delaware. In the NPRM, EPA
proposed approval of two SIP submissions submitted on behalf of the
State of Delaware by the Delaware Department of Natural Resources
(DNREC).
DRNEC submitted the first SIP submission on October 11, 2018 to
address the infrastructure SIP requirements of CAA section 110(a)(2)
for the 2015 ozone NAAQS. This submission addressed the following
elements of CAA section 110(a)(2): (A), (B), (C), (D)(i)(I),
(D)(i)(II), (E), (F), (G), (H), (J), (K), (L), and (M). On November 4,
2019, DNREC submitted a letter identifying outdated references in its
October 11, 2018 submission and committing to submit a future SIP
revision in order to address the deficiency. With this letter, Delaware
requested that EPA conditionally approve the State's submission with
respect to CAA section 110(a)(2)(K), based on the commitment to submit
a future SIP revision to update a State regulation to reflect current
requirements with respect to modeling.
On December 16, 2019, however, DNREC submitted a second SIP
submission to amend Title 7 of the Delaware Administrative Code (DE
Admin. Code), Regulation 1125, Requirements for Preconstruction Review
in the current EPA-approved SIP for Delaware. The State intended this
submission to meet the commitment described in the State's November 4,
2019 letter as previously described. This second submission revises a
section of Regulation 1125 to incorporate by reference the most recent
revision to
[[Page 25308]]
EPA's Guideline on Air Quality Models into State regulation.
Specifically, the revision changes Delaware's regulation that
references the ``Guideline on Air Quality Models'' as published by
EPA's Office of Air Quality Planning and Standards in July 1986 and
supplemented in July 1987 to the ``Guideline on Air Quality Models (40
CFR part 51, Appendix W, July 1, 2019 ed.).'' Because Delaware has
submitted the intended SIP revision outlined in the State's November 4,
2019 letter, EPA considered CAA section 110(a)(2)(K) of Delaware's
October 11, 2018 SIP submission for full approval instead of the
November 4, 2019 request for conditional approval.
II. EPA Analysis
EPA has analyzed Delaware's October 11, 2018 infrastructure SIP
submission for the 2015 ozone NAAQS and has determined that it meets
the applicable requirements of CAA section 110(a)(2). EPA also reviewed
Delaware's revisions to 7 DE Admin. Code 1125 and concludes that the
revised references to 40 CFR part 51, Appendix W, as published in the
July 2019 edition of the CFR, are the correct modeling guidelines to
use for implementation of CAA programs. A detailed summary of EPA's
review and rationale for approving Delaware's submissions may be found
in the technical support document (TSD) for the proposed rulemaking
action which is available online at www.regulations.gov, docket number
EPA-R03-OAR-2019-0663. Other specific requirements and background
information, as well as the rationale for EPA's proposed action, are
explained in the NPRM and will not be restated here.
III. Response to Comments
EPA received four sets of comments in response to the NPRM that are
available in the docket for this action. Summaries of the significant
adverse comments and EPA's responses are provided below.
Comment 1: The first commenter stated that EPA should disapprove
Delaware's infrastructure SIP submission because, ``it is substantially
higher than the 2012 federal levels EPA established for that smog-
forming pollutant.'' The commenter continued by mentioning a ``1,000-
pound-per-square-mile rule'' which, the commenter stated, Delaware and
New Jersey have already implemented while other states have not but are
now in the process of complying.
Response 1: EPA disagrees with the comment. The commenter did not
provide any additional information beyond general assertions; the
commenter did not identify any specific infrastructure element. The
commenter suggests Delaware has substantially higher smog-forming
pollutants than ``2012 federal levels,'' but EPA notes that the Agency
did not set any ``federal levels'' in the 2012 calendar year for any
smog-forming pollutants such as oxides of nitrogen (NOX) or
volatile organic compounds (VOCs). Furthermore, EPA notes the purpose
of an infrastructure SIP is to ensure the state has addressed the basic
program elements, including, but not limited to, regulatory structure,
monitoring, modeling, legal authority, and adequate resources necessary
to assure attainment and maintenance of the NAAQS; an infrastructure
SIP submission is not required to address the nonattainment plan SIP
submission requirements of section 110(a)(2)(I) for attainment of the
NAAQS in question.\1\ To the extent that Delaware has designated
nonattainment areas for this NAAQS, the State will address and EPA will
evaluate those requirements in a separate action. With respect to a
``1,000-pound-per-square-mile rule,'' EPA is unaware of any such rule
implemented by any of the states named by the commenter, nor was EPA
able to identify the commenter's concerns with EPA's proposed approval
of Delaware's infrastructure submission as it relates to any such rule.
---------------------------------------------------------------------------
\1\ See Guidance on Infrastructure State Implementation Plan
(SIP) Elements under Clear Air Act Section 110(a)(1) and
110(a)(2),'' Memorandum from Stephen D. Page, September 13, 2013.
---------------------------------------------------------------------------
Comment 2: The second commenter suggested that EPA should
disapprove Delaware's infrastructure SIP submission, ``because of its
findings that either EPA hasn't considered this issue fully or that it
is not sufficiently vigilant in its enforcement of its regulations.''
The commenter also stated that EPA should disapprove the infrastructure
SIP submission out of concern that the State will not be able to
sustain its planned measures to reduce ozone during the next two
decades. The commenter also referenced four reasonably available
control technology (RACT) programs in the states of Delaware, New
Jersey, New York, and the Commonwealth of Pennsylvania, and suggested
that EPA should disapprove Delaware's infrastructure SIP submission,
``until all four states have RACT programs that are approved.''
Response 2: EPA disagrees with the commenter's statement that,
``EPA hasn't considered this issue fully or that it is not sufficiently
vigilant in its enforcement of its regulations.'' In the TSD for this
rulemaking action, EPA determined that the State of Delaware is
currently operating a program to provide for the enforcement of
emission limits and other control measures, means, or techniques as may
be necessary or appropriate to meet the applicable requirements of the
CAA. Delaware's SIP submission references several State laws and
regulations which allow the State to exercise its programmatic
authority to utilize enforcement powers, and to impose criminal, civil,
and administrative penalties to sources in the State that violate
applicable SIP emission limits or control measures.
EPA further disagrees that the Agency should disapprove Delaware's
submission based on the assertion that the State may not be able to
sustain its ozone reductions for the next two decades. In terms of the
SIP submissions before EPA in this rulemaking action, the commenter did
not identify any specific infrastructure SIP deficiencies which would
prevent the State from meeting its obligations. Although the commenter
does not identify any specific CAA requirements, EPA believes the
commenter is referring to the maintenance plan requirements under CAA
section 175A which is analogous to the commenter's phrasing ``. . . to
sustain ozone reductions for the next two decades.'' CAA section 175A
requires any state requesting a redesignation of a nonattainment area
to submit a revision to provide for the maintenance of the NAAQS for at
least 10 years. A state is also required under CAA section 175A(b) to
submit a second revision to provide for the maintenance of the NAAQS
for an additional 10 years after the expiration of the first 10-year
period; thus, ensuring maintenance of the NAAQS for a total of 20
years. The latter maintenance plan requirements under section 175A are
not applicable in the context of an infrastructure SIP submission.
EPA also disagrees that it should disapprove Delaware's
infrastructure submission because it has not yet approved RACT
submissions for the 2015 ozone NAAQS for the States of Delaware, New
Jersey, New York, and the Commonwealth of Pennsylvania. These RACT
requirements are not relevant to the applicable infrastructure SIP
submission requirements of CAA section 110(a)(1) and 110(a)(2), but
rather to the requirements in CAA sections 110(a)(2)(I), 182 and 184.
These sections establish requirements for nonattainment area SIP
submission and the states included in the Ozone Transport Region (OTR).
As explained in the response to Comment 1 of this preamble, the
[[Page 25309]]
purpose of an infrastructure SIP is not to meet nonattainment plan
requirements for the NAAQS, but to ensure that a state's SIP includes
basic program elements necessary to assure attainment, maintenance, and
enforcement of the NAAQS. The requirements of CAA sections
110(a)(2)(I), 175A, 182, and 184 all relate to states' attainment
planning requirements if they have designated nonattainment areas for
the NAAQS in question. SIP submissions to meet these requirements are
due by different statutorily prescribed deadlines under subparts 2
through 5 under part D. Because the CAA directs states to submit these
nonattainment plan SIP submissions on a separate schedule, EPA does not
interpret the CAA to require states to address these requirements in
the infrastructure SIP submission due three years after promulgation or
revision of a NAAQS.
Comment 3: The third commenter questioned EPA's proposed approval
of Delaware's infrastructure SIP submission with respect to section
110(a)(2)(K) pertaining to modeling requirements, including the
revision to Regulation 1125. The commenter asserted EPA has already
approved an infrastructure SIP submission from the State of New Mexico
in which that State had language similar to that of the State of
Delaware, and thus suggested that EPA is being inconsistent in its
approach to this infrastructure SIP element. The comment further
asserted that EPA must explain why Delaware's pre-existing regulation
was different from the New Mexico regulation, or else ``recall the
approval of New Mexico's SIP action and force the state to fix the
problem.'' The comment also suggested that EPA cannot require Delaware
to revise its regulations with respect to modeling authority and
requirements to meet CAA section 110(a)(2)(K) ``while allowing New
Mexico to skirt federal regulations.''
Response 3: EPA disagrees with the commenter. First, as EPA stated
in the NPRM and the TSD for this rulemaking action, Delaware is
correctly addressing the requirements of section 110(a)(2)(K) in this
action. The State correctly addressed the deficiency initially
identified by EPA and submitted a separate SIP revision to change the
reference in Regulation 1125 to refer clearly to the Guideline on Air
Quality Models in 40 CFR part 51, appendix W. Delaware initially
identified an existing state regulation to meet the requirements of
110(a)(2)(K) that explicitly referenced an outdated version of EPA's
Guideline on Air Quality Models. Upon further investigation, EPA
determined, and Delaware agreed, that the State regulation did not
authorize the State to use the most recent version of EPA's Guideline
on Air Quality Models. Delaware made the necessary changes to the State
regulation. EPA proposed approval of Delaware's revision to Regulation
1125 because the revision is consistent with CAA section 110(a)(2)(K)
and allows the State to comply and use the correct modeling guidelines
found in 40 CFR part 51, appendix W.
Second, EPA disagrees with the commenter's assertion that the
Agency is allowing states to ``skirt federal regulations'' or that the
Agency must ``recall the approval of New Mexico's SIP action and force
the state to fix the problem.'' EPA assumes the commenter is referring
to the final rulemaking notice (FRN) published on September 18, 2019,
relating to New Mexico's 2015 ozone NAAQS infrastructure SIP.\2\ In the
New Mexico FRN, EPA responded to similar comments regarding the
appropriateness of the Agency's proposed approval of CAA section
110(a)(2)(K) and explained why the Agency believed the wording of the
New Mexico regulation was sufficient in the response to comments
section. In that action, upon evaluation of the authority provided by
the regulation in question, EPA and the State agreed that New Mexico's
regulations submitted to meet the relevant CAA requirements provide the
State with the authority and the requirement to use the latest version
of EPA's Guideline on Air Quality Models, also known as Appendix W, and
is not restricting the State to use the version referenced in the
State's regulation.
---------------------------------------------------------------------------
\2\ See 84 FR 49057, September 18, 2019; ``Air Plan Approval;
New Mexico; Infrastructure for the 2015 Ozone National Ambient Air
Quality Standards and Repeal of State Regulations for Total
Suspended Particulate''.
---------------------------------------------------------------------------
Finally, EPA is not acting on any New Mexico SIP submission in this
action, thus how New Mexico's SIP meets CAA section 110(a)(2)(K) is not
relevant to the approval of Delaware's Regulation 1125 or the Delaware
infrastructure SIP submission for the 2015 ozone NAAQS with respect to
CAA section 110(a)(2)(K). Further, the New Mexico action's public
comment period closed on May 20, 2019 and the FRN was published on
September 18, 2019 (84 FR 49057, September 18, 2019); there is no basis
to reopen that action at this time, nor does the commenter provide any
such basis.
Comment 4: The fourth commenter asked why EPA was approving
Delaware's modeling regulation change. The commenter claimed Delaware's
ozone air quality has remained substantially unchanged from 2005
through 2012 even though ozone levels fell in other states. The comment
referenced an ``Ozone Science Program's (OSP) review of the Virginia
program and other states' EPA-issued Ground Level Ozone Standards
(GLOS),'' but did not elaborate this review's conclusions. The comment
claims that EPA approved Delaware's proposed rule change based on
flawed science and because of political and regulatory considerations.
The comment concludes by claiming, ``As a result of EPA's disregard for
its own standards, Delaware's ozone standards remain virtually
unchanged from 2012 until 2022.''
Response 4: EPA disagrees with the comment. EPA proposed approval
of Delaware's Regulation 1125 because the revision corrects a
deficiency where the State regulation referenced a specific document
authored and published by EPA in 1986 and supplemented in 1987. This
document was replaced by 40 CFR part 51, appendix W and was most
recently updated in the Federal Register on January 17, 2017 at, 82 FR
5203. Based on this information, DNREC correctly revised Regulation
1125 and submitted it to EPA for approval into the SIP, which EPA
subsequently proposed approval in the NPRM. The commenter's assertions
that the proposed approval of this regulation is ``based on flawed
science and because of political and regulatory considerations'' is
incorrect and the commenter did not provide any additional information
to support these claims.
As a factual matter, EPA also disagrees with the assertions that
Delaware's air quality has remained unchanged for 10 years. Since 2007,
design values \3\ in Delaware have consistently trended downward and
the most recent data shows only three out of the seven State monitors
are showing violations of the 2015 ozone NAAQS based on 2018 design
values.\4\ EPA reiterates that the purpose of an infrastructure SIP is
not to demonstrate attainment of the NAAQS, but to ensure that a
state's SIP has addressed basic program elements necessary to assure
attainment, maintenance, and enforcement of the NAAQS. Therefore, the
status of Delaware's air quality is not relevant to whether EPA should
approve
[[Page 25310]]
the revisions to Regulation 1125 or the State's infrastructure SIP
submission.
---------------------------------------------------------------------------
\3\ A ``design value'' is a statistical metric that describes
the air quality status of a given location relative to the level of
the NAAQS.
\4\ See https://www.epa.gov/air-trends/air-quality-design-values#report.
---------------------------------------------------------------------------
IV. Final Action
EPA is approving Delaware's October 11, 2018 infrastructure SIP
submission for the 2015 ozone NAAQS because it provides the basic
program elements specified in CAA section 110(a)(2)(A), (B), (C), (D),
(E), (F), (G), (H), (J), (K), (L), and (M) necessary to implement,
maintain, and enforce the 2015 ozone NAAQS. This rulemaking action does
not include action on CAA section 110(a)(2)(I) which pertains to the
nonattainment planning requirements of part D, title I of the CAA,
because this element is not required to be submitted by the 3-year
submission deadline of section 110(a)(1) of the CAA and will be
addressed in a separate process. EPA is also approving Delaware's
December 16, 2019 SIP submission which updates 7 DE Admin. Code 1125 in
order to incorporate by reference the correct modeling guidelines
contained in 40 CFR part 51, appendix W. EPA's approval of the
infrastructure SIP submission with respect to section 110(a)(2)(K) is
based on this revision to Delaware's SIP.
V. Incorporation by Reference
In this document, 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 section 3.10
of 7 DE Admin. Code, Regulation 1125, effective January 11, 2020. EPA
has made, and will continue to make, these materials generally
available through https://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).
Therefore, these materials have been approved by EPA for inclusion in
the SIP, have been incorporated by reference by EPA into that plan, are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of EPA's approval, and will
be incorporated by reference in the next update to the SIP
compilation.\5\
---------------------------------------------------------------------------
\5\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
VI. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 30, 2020. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action, pertaining to Delaware's section 110(a)(2)
infrastructure requirements for the 2015 ozone NAAQS and revisions to
Regulation 1125, may not be challenged later in proceedings to enforce
its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: April 13, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart I--Delaware
0
2. Amend Sec. 52.420:
0
a. In the table in paragraph (c), under ``1125 Requirements for
Preconstruction
[[Page 25311]]
Review'' by revising the entry for ``Section 3.0''; and
0
b. In the table in paragraph (e) by adding the entry ``Section
110(a)(2) Infrastructure Requirements for the 2015 Ozone NAAQS'' at the
end of the table.
The revision and addition read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
Epa-Approved Regulations and Statutes in the Delaware Sip
----------------------------------------------------------------------------------------------------------------
State
State regulation (7 DNREC 1100) Title/subject effective EPA approval date Additional
date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
1125 Requirements for Preconstruction Review
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 3.0...................... Prevention of 1/11/20 5/1/2020, [insert Docket #: 2019-
Significant Federal Register 0663. Revised
Deterioration of citation]. 3.10.1 and 3.10.2.
Air Quality. Note: Previous
Section 3.0
approval October
2, 2012.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State
revision geographic area submittal date EPA approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 110(a)(2) Statewide......... 10/11/18 5/1/2020, [insert Docket #: 2019-0663.
Infrastructure Requirements Federal Register This action addresses
for the 2015 Ozone NAAQS. citation]. CAA section
110(a)(2)(A), (B),
(C), (D), (E), (F),
(G), (H), (J), (K),
(L), and (M).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2020-08241 Filed 4-30-20; 8:45 am]
BILLING CODE 6560-50-P
