82_FR_24631 82 FR 24529 - Approval and Promulgation of Air Quality Implementation Plans; Delaware; Update to Materials Incorporated by Reference

82 FR 24529 - Approval and Promulgation of Air Quality Implementation Plans; Delaware; Update to Materials Incorporated by Reference

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 102 (May 30, 2017)

Page Range24529-24531
FR Document2017-10911

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.

Federal Register, Volume 82 Issue 102 (Tuesday, May 30, 2017)
[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Rules and Regulations]
[Pages 24529-24531]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10911]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DE104-1104; FRL-9961-26-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 May 30, 2017.

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; or NARA. For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814-2042 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    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), and May 2, 2011 (76 FR 24372), September 24, 2013 
(78 FR 58465), EPA published updates to the IBR material for Delaware. 
Since the publication of the last IBR update, EPA has approved 
regulatory changes to the following Delaware revised regulations:
    1. 7 DNREC regulation 1103 (Ambient Air Quality Standards), 
sections 1.0 (General Provisions), 4.0 (Sulfur Dioxide), 6.0 (Ozone), 
8.0 (Nitrogen Dioxide), 10.0 (Lead), and 11.0 (PM10 and 
PM2.5 Particulates).
    2. 7 DNREC regulation 1140 (Delaware Low Emission Vehicle Program), 
sections 1.0 (Purpose), 2.0 (Applicability), 3.0 (Definitions), 4.0 
(Emission Certification Standards), 5.0 (New Vehicle Emission 
Requirements), 6.0 (Manufacturer Fleet Requirements), 7.0 (Warranty), 
8.0 (Reporting and Record-Keeping Requirements), 9.0 (Enforcement), 
10.0 (Incorporation by Reference), 11.0 (Document Availability), and 
12.0 (Severability).

II. EPA Action

    In this action, EPA is announcing the update to the IBR material as 
of July 1, 2016 and revising the text within 40 CFR 52.420(b). EPA is 
revising our 40 CFR part 52 ``Identification of Plan'' for the State of 
Delaware regarding incorporation by reference, section 52.420(b). EPA 
is revising section 52.420(b)(1) to clarify that all SIP revisions 
listed in paragraphs (c) and (d), regardless of inclusion in the most 
recent ``update to the SIP compilation,'' are fully federally 
enforceable under sections 110 and 113 of the CAA as of the effective 
date of the final rulemaking in which EPA approved the SIP revision, 
consistent with following our ``Approval and Promulgations of Air 
Quality Implementation Plans; Revised Format of 40 CFR part 52 for 
Materials Being Incorporated by Reference,'' effective May 22, 1997 (62 
FR 27968). EPA is revising section 52.420(b)(2) to clarify references 
to other portions of paragraph (b) with subparagraph (b)(2). EPA is 
revising section (b)(3) to update address and contact information.

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 July 1, 2016. Therefore, these materials 
have been approved by EPA for inclusion in the SIP, have been

[[Page 24530]]

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 by the Director of the Federal Register in 
the next update to the SIP compilation.\1\ EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and/or at the EPA Region III Office (please contact 
the person identified in the ``For Further Information Contact'' 
section of this preamble for more information).
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
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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 Order 
12866 (58 FR 51735, October 4, 1993);
     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.

    Dated: March 23, 2017.
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 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 revising paragraph (b) to read as 
follows:


Sec.  52.420  Identification of plan.

* * * * *
    (b) Incorporation by reference. (1) Material listed in in 
paragraphs (c) and (d) of this section with an EPA approval date prior 
to July 1, 2016, 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 July 1, 2016 for the State of Delaware 
have been approved by EPA for the inclusion in the SIP 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 SIP as of the dates referenced in 
paragraph (b)(1). No additional revisions were made to paragraph (d) 
between the last incorporation by reference date of July 1, 2013 and 
July 1, 2016.
    (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 July 1, 2016 for the State of Delaware at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, go

[[Page 24531]]

to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
* * * * *
[FR Doc. 2017-10911 Filed 5-26-17; 8:45 am]
BILLING CODE 6560-50-P



                                                                 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations                                           24529

                                              (‘‘Determination of Significant Sources                 part 52 are available for inspection at               II. EPA Action
                                              of PM2.5 Precursors’’); Section 3.4.2                   the following locations: Air Protection                  In this action, EPA is announcing the
                                              (‘‘Determination of Significant Sources                 Division, U.S. Environmental Protection               update to the IBR material as of July 1,
                                              of PM2.5’’); the 2011 and 2012 winter                   Agency, Region III, 1650 Arch Street,                 2016 and revising the text within 40
                                              and annual average inventories in Table                 Philadelphia, Pennsylvania 19103; or                  CFR 52.420(b). EPA is revising our 40
                                              3.1 (‘‘PM2.5 Emissions Inventory by                     NARA. For information on the                          CFR part 52 ‘‘Identification of Plan’’ for
                                              Major Source Category 2008, 2011 and                    availability of this material at NARA,                the State of Delaware regarding
                                              2012 Winter and Annual Planning                         call 202–741–6030, or go to: http://                  incorporation by reference, section
                                              Emissions Inventories’’); the 2011 and                  www.archives.gov/federal_register/                    52.420(b). EPA is revising section
                                              2012 winter and annual average                          code_of_federal_regulations/ibr_                      52.420(b)(1) to clarify that all SIP
                                              inventories in Table 3.7 (‘‘NOX                         locations.html.                                       revisions listed in paragraphs (c) and
                                              Emissions Inventory by Major Source
                                                                                                                                                            (d), regardless of inclusion in the most
                                              Category 2008, 2011 and 2012 Winter                     FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                            recent ‘‘update to the SIP compilation,’’
                                              and Annual Planning Emissions                           Gavin Huang, (215) 814–2042 or by
                                                                                                                                                            are fully federally enforceable under
                                              Inventories’’); the 2011 and 2012 winter                email at huang.gavin@epa.gov.                         sections 110 and 113 of the CAA as of
                                              and annual average inventories in Table
                                              3.8 (‘‘VOCs Emissions Inventory by                      SUPPLEMENTARY INFORMATION:                            the effective date of the final rulemaking
                                              Major Source Category 2008, 2011 and                                                                          in which EPA approved the SIP
                                                                                                      I. Background                                         revision, consistent with following our
                                              2012 Winter and Annual Planning
                                              Emissions Inventories’’); the 2011 and                     The SIP is a living document which                 ‘‘Approval and Promulgations of Air
                                              2012 winter and annual average                          a state revises as necessary to address its           Quality Implementation Plans; Revised
                                              inventories in Table 3.9 (‘‘SOX                         unique air pollution problems.                        Format of 40 CFR part 52 for Materials
                                              Emissions Inventory by Major Source                     Therefore, EPA, from time to time, must               Being Incorporated by Reference,’’
                                              Category 2008, 2011 and 2012 Winter                                                                           effective May 22, 1997 (62 FR 27968).
                                                                                                      take action on SIP revisions containing
                                              and Annual Planning Emissions                                                                                 EPA is revising section 52.420(b)(2) to
                                                                                                      new and/or revised regulations as being
                                              Inventories’’); and the 2011 and 2012                                                                         clarify references to other portions of
                                                                                                      part of the SIP. On May 22, 1997 (62 FR
                                              winter and annual average inventories                                                                         paragraph (b) with subparagraph (b)(2).
                                                                                                      27968), EPA revised the procedures for
                                              in Table 3.10 (‘‘Ammonia Emissions                                                                            EPA is revising section (b)(3) to update
                                                                                                      incorporating by reference federally-
                                              Inventory by Major Source Category                                                                            address and contact information.
                                                                                                      approved SIPs, as a result of
                                              2008, 2011 and 2012 Winter and Annual                   consultations between EPA and the                     III. Good Cause Exemption
                                              Planning Emissions Inventories’’).                      Office of the Federal Register (OFR). The                EPA has determined that this rule
                                              [FR Doc. 2017–10931 Filed 5–26–17; 8:45 am]             description of the revised SIP                        falls under the ‘‘good cause’’ exemption
                                              BILLING CODE 6560–50–P                                  document, IBR procedures and                          in section 553(b)(3)(B) of the
                                                                                                      ‘‘Identification of plan’’ format are                 Administrative Procedures Act (APA)
                                                                                                      discussed in further detail in the May                which, upon finding ‘‘good cause,’’
                                              ENVIRONMENTAL PROTECTION                                22, 1997 Federal Register document. On                authorizes agencies to dispense with
                                              AGENCY                                                  December 7, 1998 (63 FR 67407), EPA                   public participation and section
                                              40 CFR Part 52                                          published a document in the Federal                   553(d)(3) which allows an agency to
                                                                                                      Register beginning the new IBR                        make a rule effective immediately
                                              [DE104–1104; FRL–9961–26–Region 3]                      procedure for Delaware. On June 21,                   (thereby avoiding the 30-day delayed
                                                                                                      2004 (69 FR 34285), April 3, 2007 (72                 effective date otherwise provided for in
                                              Approval and Promulgation of Air                        FR 15839), April 17, 2009 (74 FR                      the APA). This rule simply codifies
                                              Quality Implementation Plans;
                                                                                                      17771), and May 2, 2011 (76 FR 24372),                provisions which are already in effect as
                                              Delaware; Update to Materials
                                                                                                      September 24, 2013 (78 FR 58465), EPA                 a matter of law in federal and approved
                                              Incorporated by Reference
                                                                                                      published updates to the IBR material                 state programs. Under section 553 of the
                                              AGENCY:  Environmental Protection                       for Delaware. Since the publication of                APA, an agency may find good cause
                                              Agency (EPA).                                           the last IBR update, EPA has approved                 where procedures are ‘‘impractical,
                                              ACTION: Final rule; administrative                      regulatory changes to the following                   unnecessary, or contrary to the public
                                              change.                                                 Delaware revised regulations:                         interest.’’ Public comment is
                                                                                                         1. 7 DNREC regulation 1103 (Ambient                ‘‘unnecessary’’ and ‘‘contrary to the
                                              SUMMARY:   The Environmental Protection                                                                       public interest’’ since the codification
                                              Agency (EPA) is updating the materials                  Air Quality Standards), sections 1.0
                                                                                                      (General Provisions), 4.0 (Sulfur                     only reflects existing law. Immediate
                                              that are incorporated by reference (IBR)                                                                      notice in the CFR benefits the public by
                                              into the Delaware state implementation                  Dioxide), 6.0 (Ozone), 8.0 (Nitrogen
                                                                                                                                                            removing outdated citations and
                                              plan (SIP). The regulations affected by                 Dioxide), 10.0 (Lead), and 11.0 (PM10
                                                                                                                                                            incorrect table entries.
                                              this update have been previously                        and PM2.5 Particulates).
                                              submitted by the Delaware Department                       2. 7 DNREC regulation 1140                         IV. Incorporation by Reference
                                              of Natural Resources and Environmental                  (Delaware Low Emission Vehicle                           In this rule, EPA is finalizing
                                              Control (DNREC) and approved by EPA.                    Program), sections 1.0 (Purpose), 2.0                 regulatory text that includes
                                              This update affects the SIP materials                   (Applicability), 3.0 (Definitions), 4.0               incorporation by reference. In
                                              that are available for public inspection                (Emission Certification Standards), 5.0               accordance with requirements of 1 CFR
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                                              at the National Archives and Records                    (New Vehicle Emission Requirements),                  51.5, EPA is finalizing the incorporation
                                              Administration (NARA) and the EPA                       6.0 (Manufacturer Fleet Requirements),                by reference of previously EPA
                                              Regional Office.                                        7.0 (Warranty), 8.0 (Reporting and                    approved regulations promulgated by
                                              DATES: This action is effective May 30,                 Record-Keeping Requirements), 9.0                     the State of Delaware and federally
                                              2017.                                                   (Enforcement), 10.0 (Incorporation by                 effective prior to July 1, 2016. Therefore,
                                              ADDRESSES: SIP materials which are                      Reference), 11.0 (Document                            these materials have been approved by
                                              incorporated by reference into 40 CFR                   Availability), and 12.0 (Severability).               EPA for inclusion in the SIP, have been


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                                              24530                Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations

                                              incorporated by reference by EPA into                     Technology Transfer and Advancement                   requirements, Sulfur oxides, Volatile
                                              that plan, are fully federally enforceable                Act of 1995 (15 U.S.C. 272 note) because              organic compounds.
                                              under sections 110 and 113 of the CAA                     application of those requirements would                 Dated: March 23, 2017.
                                              as of the effective date of the final                     be inconsistent with the CAA; and
                                                                                                                                                              Cecil Rodrigues,
                                              rulemaking of EPA’s approval, and will                       • does not provide EPA with the
                                              be incorporated by reference by the                       discretionary authority to address, as                Acting Regional Administrator, Region III.
                                              Director of the Federal Register in the                   appropriate, disproportionate human                       40 CFR part 52 is amended as follows:
                                              next update to the SIP compilation.1                      health or environmental effects, using
                                              EPA has made, and will continue to                        practicable and legally permissible                   PART 52—APPROVAL AND
                                              make, these materials generally                           methods, under Executive Order 12898                  PROMULGATION OF
                                              available through www.regulations.gov                     (59 FR 7629, February 16, 1994).                      IMPLEMENTATION PLANS
                                              and/or at the EPA Region III Office                          In addition, this rule does not have
                                              (please contact the person identified in                  tribal implications as specified by                   ■ 1. The authority citation for part 52
                                              the ‘‘For Further Information Contact’’                   Executive Order 13175 (65 FR 67249,                   continues to read as follows:
                                              section of this preamble for more                         November 9, 2000), because the SIP is
                                              information).                                                                                                       Authority: 42 U.S.C. 7401 et seq.
                                                                                                        not approved to apply in Indian country
                                              V. Statutory and Executive Order                          located in the state, and EPA notes that              Subpart I—Delaware
                                              Reviews                                                   it will not impose substantial direct
                                                                                                        costs on tribal governments or preempt                ■ 2. Section 52.420 is amended by
                                              A. General Requirements                                   tribal law.                                           revising paragraph (b) to read as follows:
                                                 Under the Clean Air Act (CAA), the                     B. Submission to Congress and the
                                              Administrator is required to approve a                    Comptroller General
                                                                                                                                                              § 52.420    Identification of plan.
                                              SIP submission that complies with the                                                                           *      *     *    *     *
                                              provisions of the CAA and applicable                        The Congressional Review Act, 5
                                                                                                        U.S.C. 801 et seq., as added by the Small                (b) Incorporation by reference. (1)
                                              Federal regulations. 42 U.S.C. 7410(k);
                                              40 CFR 52.02(a). Thus, in reviewing SIP                   Business Regulatory Enforcement                       Material listed in in paragraphs (c) and
                                              submissions, EPA’s role is to approve                     Fairness Act of 1996, generally provides              (d) of this section with an EPA approval
                                              state choices, provided that they meet                    that before a rule may take effect, the               date prior to July 1, 2016, was approved
                                              the criteria of the CAA. Accordingly,                     agency promulgating the rule must                     for incorporation by reference by the
                                              this action merely approves state law as                  submit a rule report, which includes a                Director of the Federal Register in
                                              meeting federal requirements and does                     copy of the rule, to each House of the                accordance with 5 U.S.C. 552(a) and 1
                                              not impose additional requirements                        Congress and to the Comptroller General               CFR part 51. Entries in paragraphs (c)
                                              beyond those imposed by state law. For                    of the United States. EPA will submit a               and (d) of this section with the EPA
                                              that reason, this action:                                 report containing this rule and other                 approval dates after July 1, 2016 for the
                                                 • Is not a ‘‘significant regulatory                    required information to the U.S. Senate,              State of Delaware have been approved
                                              action’’ subject to review by the Office                  the U.S. House of Representatives, and                by EPA for the inclusion in the SIP and
                                              of Management and Budget under                            the Comptroller General of the United                 for incorporation by reference into the
                                              Executive Order 12866 (58 FR 51735,                       States prior to publication of the rule in            plan as it is contained in this section,
                                              October 4, 1993);                                         the Federal Register. This rule is not a              and will be considered by the Director
                                                 • does not impose an information                       ‘‘major rule’’ as defined by 5 U.S.C.                 of the Federal Register for approval in
                                              collection burden under the provisions                    804(2).                                               the next update to the SIP compilation.
                                              of the Paperwork Reduction Act (44                        C. Petitions for Judicial Review                         (2) EPA Region III certifies that the
                                              U.S.C. 3501 et seq.);                                                                                           materials provided by EPA at the
                                                 • is certified as not having a                            EPA has also determined that the                   addresses in paragraph (b)(3) of this
                                              significant economic impact on a                          provisions of section 307(b)(1) of the                section are an exact duplicate of the
                                              substantial number of small entities                      CAA pertaining to petitions for judicial              officially promulgated state rules/
                                              under the Regulatory Flexibility Act (5                   review are not applicable to this action.             regulations which have been approved
                                              U.S.C. 601 et seq.);                                      Prior EPA rulemaking actions for each                 as part of the SIP as of the dates
                                                 • does not contain any unfunded                        individual component of the Delaware
                                                                                                                                                              referenced in paragraph (b)(1). No
                                              mandate or significantly or uniquely                      SIP compilations had previously
                                                                                                                                                              additional revisions were made to
                                              affect small governments, as described                    afforded interested parties the
                                                                                                                                                              paragraph (d) between the last
                                              in the Unfunded Mandates Reform Act                       opportunity to file a petition for judicial
                                                                                                                                                              incorporation by reference date of July
                                              of 1995 (Pub. L. 104–4);                                  review in the United States Court of
                                                                                                                                                              1, 2013 and July 1, 2016.
                                                 • does not have federalism                             Appeals for the appropriate circuit
                                              implications as specified in Executive                    within 60 days of such rulemaking                        (3) Copies of the materials
                                              Order 13132 (64 FR 43255, August 10,                      action. Thus, EPA sees no need in this                incorporated by reference into the state
                                              1999);                                                    action to reopen the 60-day period for                implementation plan may be inspected
                                                 • is not an economically significant                   filing such petitions for judicial review             at the Environmental Protection Agency,
                                              regulatory action based on health or                      for this ‘‘Identification of Plan’’ update            Region III, 1650 Arch Street,
                                              safety risks subject to Executive Order                   action for Delaware.                                  Philadelphia, Pennsylvania 19103. To
                                              13045 (62 FR 19885, April 23, 1997);                                                                            obtain the material, please call the
                                                                                                        List of Subjects in 40 CFR Part 52
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                                                 • is not a significant regulatory action                                                                     Regional Office at (215) 814–3376. You
                                              subject to Executive Order 13211 (66 FR                     Environmental protection, Air                       may also inspect the material with an
                                              28355, May 22, 2001);                                     pollution control, Carbon monoxide,                   EPA approval date prior to July 1, 2016
                                                 • is not subject to requirements of                    Incorporation by reference,                           for the State of Delaware at the National
                                              Section 12(d) of the National                             Intergovernmental relations, Lead,                    Archives and Records Administration
                                                                                                        Nitrogen dioxide, Ozone, Particulate                  (NARA). For information on the
                                                1 62   FR 27968 (May 22, 1997).                         matter, Reporting and recordkeeping                   availability of this material at NARA, go


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                                                                 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations                                          24531

                                              to: http://www.archives.gov/federal-                    site. Although listed in the index, some              we have determined that EFSEC has
                                              register/cfr/ibr-locations.html.                        information may not be publicly                       adequate personnel, funding, and
                                              *     *     *      *    *                               available, i.e., Confidential Business                authority to implement the PSD and
                                              [FR Doc. 2017–10911 Filed 5–26–17; 8:45 am]             Information or other information the                  visibility protection programs and that
                                              BILLING CODE 6560–50–P                                  disclosure of which is restricted by                  the revised EFSEC regulations meet the
                                                                                                      statute. Certain other material, such as              criteria for approval under CAA section
                                                                                                      copyrighted material, is not placed on                110.
                                              ENVIRONMENTAL PROTECTION                                the Internet and is publicly available
                                                                                                                                                            III. Final Action
                                              AGENCY                                                  only in hard copy form. Publicly
                                                                                                      available docket materials are available              A. Regulations Approved and
                                              40 CFR Part 52                                          at http://www.regulations.gov or at EPA               Incorporated by Reference Into the SIP
                                              [EPA–R10–OAR–2016–0785; FRL–9963–12–                    Region 10, Office of Air and Waste, 1200                The EPA is approving, and
                                              Region 10]                                              Sixth Avenue, Seattle, Washington                     incorporating by reference, the
                                                                                                      98101. The EPA requests that you                      submitted revisions to Chapter 463–78
                                              Air Plan Approval; Washington:                          contact the person listed in the FOR
                                              General Regulations for Air Pollution                                                                         Washington Administrative Code
                                                                                                      FURTHER INFORMATION CONTACT section to
                                              Sources, Energy Facility Site                                                                                 (WAC) set forth below as amendments
                                                                                                      schedule your inspection. The Regional                to 40 CFR part 52.
                                              Evaluation Council                                      Office’s official hours of business are
                                              AGENCY:  Environmental Protection                       Monday through Friday, 8:30 to 4:30,                  B. Approved But Not Incorporated by
                                              Agency (EPA).                                           excluding Federal holidays.                           Reference Regulations
                                              ACTION: Final rule.                                     FOR FURTHER INFORMATION CONTACT: Jeff                    In addition to the regulations
                                                                                                      Hunt, Air Planning Unit, Office of Air                approved and incorporated by reference,
                                              SUMMARY:    The Environmental Protection                and Waste (OAW–150), Environmental                    the EPA reviews and approves state
                                              Agency (EPA) is approving updates to                    Protection Agency, Region 10, 1200                    submissions to ensure they provide
                                              the Energy Facility Site Evaluation                     Sixth Ave. Suite 900, Seattle, WA                     adequate enforcement authority and
                                              Council (EFSEC) air quality regulations                 98101; telephone number: (206) 553–                   other general authority to implement
                                              in the Washington State Implementation                  0256; email address: hunt.jeff@epa.gov.               and enforce the SIP. However,
                                              Plan (SIP). The EFSEC regulations                       SUPPLEMENTARY INFORMATION:                            regulations describing state enforcement
                                              primarily adopt by reference the                                                                              and other general authorities are
                                              Washington Department of Ecology                        Table of Contents
                                                                                                                                                            generally not incorporated by reference,
                                              (Ecology) general air quality regulations,                                                                    so as to avoid potential conflict with the
                                              which the EPA approved in the fall of                   I. Background Information
                                                                                                      II. Response to Comments                              EPA’s independent authorities. The EPA
                                              2014 and spring of 2015. Consistent                     III. Final Action                                     has reviewed and is approving WAC
                                              with our approval of the Ecology general                IV. Incorporation by Reference                        463–78–135 Criminal Penalties, WAC
                                              air quality regulations, we are also                    V. Statutory and Executive Orders Review              463–78–140 Appeals Procedure (except
                                              approving revisions to EFSEC’s air                                                                            subsections 3 and 4 which deal with
                                              quality regulations to implement the                    I. Background Information                             permits outside the scope of CAA
                                              preconstruction permitting regulations                                                                        section 110), WAC 463–78–170 Conflict
                                                                                                         On March 22, 2017, the EPA proposed
                                              for large industrial (major source)                                                                           of Interest, and WAC 463–78–230
                                                                                                      to approve revisions to EFSEC’s general
                                              energy facilities in attainment and                                                                           Regulatory Actions, as providing EFSEC
                                                                                                      air quality regulations in the SIP (82 FR
                                              unclassifiable areas, called the                                                                              with adequate enforcement and other
                                                                                                      14648). An explanation of the Clean Air
                                              Prevention of Significant Deterioration                                                                       general authority for purposes of
                                                                                                      Act (CAA) requirements, a detailed
                                              (PSD) program. The PSD program for                                                                            implementing and enforcing its SIP, but
                                                                                                      analysis of the revisions, and the EPA’s
                                              major energy facilities under EFSEC’s                                                                         is not incorporating these sections by
                                                                                                      reasons for proposing approval were
                                              jurisdiction has historically been                                                                            reference into the SIP codified in 40
                                                                                                      provided in the notice of proposed
                                              operated under a Federal                                                                                      CFR 52.2470(c). Instead, the EPA is
                                                                                                      rulemaking, and will not be restated
                                              Implementation Plan (FIP), in                                                                                 including these sections in 40 CFR
                                                                                                      here. The public comment period for
                                              cooperation with the EPA and Ecology.                                                                         52.2470(e), EPA Approved
                                                                                                      this proposed rule ended on April 21,
                                              This final approval of the EFSEC PSD                                                                          Nonregulatory Provisions and Quasi-
                                                                                                      2017. The EPA received one comment
                                              program transfers the authority for                                                                           Regulatory Measures, as approved but
                                                                                                      on the proposal.
                                              issuing PSD permits from EPA to EFSEC                                                                         not incorporated by reference regulatory
                                              for all of the categories of energy                     II. Response to Comments                              provisions.
                                              facilities for which EFSEC has                             Comment: ‘‘We need to protect clean
                                              jurisdiction. This narrows the current                                                                        C. Regulations To Remove From the SIP
                                                                                                      air. The regulations that decrease air
                                              FIP to cover only those energy facilities               pollution should be fully funded and                    As discussed in our July 10, 2014
                                              for which EFSEC does not have                           enforced.’’                                           proposed approval of revisions to
                                              jurisdiction or authority. The EPA is                      Response: The SIP revision package                 Chapter 173–400 WAC, Ecology
                                              also approving EFSEC’s visibility                       submitted jointly by Ecology and EFSEC                formerly relied on the registration
                                              protection permitting program which                     discussed the personnel, funding, and                 program under WAC 173–400–100 for
                                              overlaps significantly with the PSD                     authority provided by both agencies in                determining the applicability of the new
                                              program in most cases.                                  operating the air quality program for                 source review (NSR) permitting program
sradovich on DSK3GMQ082PROD with RULES




                                              DATES: This final rule is effective June                sources under EFSEC’s jurisdiction. As                (see 79 FR 39351 at page 39354). By
                                              29, 2017.                                               discussed in our proposal, the EPA has                statutory directive, this means of
                                              ADDRESSES: The EPA has established a                    worked cooperatively with Ecology and                 determining NSR applicability was
                                              docket for this action under Docket ID                  EFSEC for over twenty years in issuing                replaced by revisions to WAC 173–400–
                                              No. EPA–R10–OAR–2016–0785. All                          PSD and visibility permits, as well as                110 which set inconsequential unit,
                                              documents in the docket are listed on                   meeting other air quality requirements.               activity, and emissions thresholds. In
                                              the http://www.regulations.gov Web                      Therefore, consistent with our proposal,              our October 3, 2014 final action, we


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Document Created: 2018-11-08 08:54:41
Document Modified: 2018-11-08 08:54:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; administrative change.
DatesThis action is effective May 30, 2017.
ContactGavin Huang, (215) 814-2042 or by email at [email protected]
FR Citation82 FR 24529 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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