82 FR 25211 - Air Plan Approval; Delaware; Infrastructure Requirements for the 2012 Fine Particulate Matter Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 104 (June 1, 2017)
Federal Register Volume 82, Issue 104 (June 1, 2017)
| Page Range | 25211-25213 | |
| FR Document | 2017-11085 |
[Federal Register Volume 82, Number 104 (Thursday, June 1, 2017)] [Proposed Rules] [Pages 25211-25213] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11085] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2017-0152; FRL-9962-45-Region 3] Air Plan Approval; Delaware; Infrastructure Requirements for the 2012 Fine Particulate Matter Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve [[Page 25212]] portions of a state implementation plan (SIP) revision submittal from the State of Delaware pursuant to the Clean Air Act (CAA). Whenever new or revised national ambient air quality standards (NAAQS) are promulgated, the CAA requires states to submit a plan for the implementation, maintenance, and enforcement of such NAAQS. The plan is required to address 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 standards. These elements are referred to as infrastructure requirements. Delaware made a SIP submittal to address the infrastructure requirements for the 2012 fine particulate matter (PM2.5 ) NAAQS. This action proposes to approve portions of this submittal pursuant to section 110 of the CAA. EPA is not proposing any action on the portion of the submittal which addresses interstate transport of emissions and intends to take later separate action on this portion. DATES: Written comments must be received on or before July 3, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03- OAR-2017-0152 at http://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814-2042, or by email at [email protected]. SUPPLEMENTARY INFORMATION: On December 14, 2015, the State of Delaware, through the Delaware Department of Natural Resources and Environmental Control (DNREC), submitted a revision to its SIP to satisfy the requirements of section 110(a)(2) of the CAA for the 2012 PM2.5 NAAQS. I. Background On July 18, 1997, EPA promulgated a new 24-hour and a new annual NAAQS for PM2.5 (62 FR 38652). On October 17, 2006, EPA revised the NAAQS for PM2.5 , tightening the 24-hour PM2.5 standard from 65 micrograms per cubic meter ([mu]g/ m\3\) to 35 [mu]g/m\3\, and retaining the annual PM2.5 NAAQS at 15 [mu]g/m\3\ (71 FR 61144). Subsequently, on December 14, 2012, EPA revised the level of the health based (primary) annual PM2.5 NAAQS to 12 [mu]g/m\3\. See 78 FR 3086 (January 15, 2013).\1\ --------------------------------------------------------------------------- \1\ In EPA's 2012 PM2.5 NAAQS revision, EPA left unchanged the existing welfare (secondary) standards for PM2.5 to address particulate matter (PM) related effects such as visibility impairment, ecological effects, damage to materials and climate impacts. This includes a secondary annual standard of 15 [mu]g/m\3\ and a 24-hour standard of 35 [mu]g/m\3\. --------------------------------------------------------------------------- Pursuant to section 110(a)(1) of the CAA, states are required to submit a SIP revision to address the applicable requirements of section 110(a)(2) within three years after promulgation of a new or revised NAAQS or within such shorter period as EPA may prescribe. Section 110(a)(2) requires states to address basic SIP elements to assure attainment and maintenance of the NAAQS--such as requirements for monitoring, basic program requirements, and legal authority. Section 110(a) imposes the obligation upon states to make a SIP submission to EPA for a new or revised NAAQS, but the contents of that submission may vary depending upon the facts and circumstances of each NAAQS and what is in each state's existing SIP. In particular, the data and analytical tools available at the time the state develops and submits the SIP revision for a new or revised NAAQS affect the content of the submission. The content of such SIP submission may also vary depending upon what provisions the state's existing SIP already contains. Specifically, section 110(a)(1) provides the procedural and timing requirements for SIP submissions. Section 110(a)(2) lists specific elements that states must meet for infrastructure SIP requirements related to a newly established or revised NAAQS such as requirements for monitoring, basic program requirements, and legal authority that are designed to assure attainment and maintenance of the NAAQS. II. Summary of SIP Revision and EPA Analysis On December 14, 2015, EPA received a SIP revision submittal from DNREC in order to satisfy the requirements of section 110(a)(2) of the CAA for the 2012 PM2.5 NAAQS. EPA reviewed the submittal and determined that it addressed the following infrastructure elements: Section 110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) of the CAA. A detailed summary of EPA's review and rationale for approving Delaware's submittal may be found in the Technical Support Document (TSD) for this rulemaking action, which is available on line at www.regulations.gov, Docket ID Number EPA-R03-OAR-2017-0152. This rulemaking action does not include any proposed action on section 110(a)(2)(I) of the CAA which pertains to the nonattainment 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 if necessary. Although Delaware's December 14, 2015 SIP submission contained provisions to address section 110(a)(2)(D)(i)(I) of the CAA, EPA is not proposing any action on the portion of the December 14, 2015 submittal which addresses section 110(a)(2)(D)(i)(I) regarding the interstate transport of emissions. EPA intends to take later separate action on this portion of Delaware's December 14, 2015 submittal. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. III. Proposed Action EPA is proposing to approve the portions of Delaware's December 14, 2015 SIP revision which address for the following elements of section 110(a)(2) of the CAA for the 2012 PM2.5 NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). Delaware's December 14, 2015 SIP revision addressing 110(a)(2)(A-C), (D)(i)(II) and (D)(ii), (E-H), and (J-M) provides the basic program elements specified in section 110(a)(2) of the CAA necessary to implement, maintain, and enforce the 2012 PM2.5 NAAQS. EPA will take separate action, at a future date, on the portion of the December 14, 2015 SIP revision addressing section 110(a)(2)(D)(i)(I) (interstate transport of [[Page 25213]] emissions) for the 2012 PM2.5 NAAQS. This proposed rulemaking action does not include action on section 110(a)(2)(I) of the CAA 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 if necessary. IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L 104-4); does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this proposed rule to approve portions of Delaware's December 14, 2015 SIP for section 110(a)(2) infrastructure requirements for the 2012 PM 2.5 NAAQS does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Particulate matter, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: April 26, 2017. John A. Armstead, Acting Regional Administrator, Region III. [FR Doc. 2017-11085 Filed 5-31-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Proposed Rules 25211
emissions reductions, and potential IDEQ’s April 25, 2017 commitment to in the Unfunded Mandates Reform Act
2017 QM reporting metrics for the adopt and submit updated plan of 1995 (Pub. L. 104–4);
control measures discussed above, elements to meet these requirements. • Does not have Federalism
including wood stove and open burning Under a conditional approval, the State implications as specified in Executive
curtailment days, wood stove change- must adopt and submit the specific Order 13132 (64 FR 43255, August 10,
outs, and road sanding agreements. revisions it has committed to by a date 1999);
Idaho’s proposed QMs are consistent certain but not later than within one • Is not an economically significant
with EPA’s suggested metrics and will year of the EPA’s finalization.10 If the regulatory action based on health or
provide an objective way to determine EPA fully approves the submittal of the safety risks subject to Executive Order
whether the area is making necessary revisions specified in the commitment 13045 (62 FR 19885, April 23, 1997);
progress towards attainment. Therefore, letter, the conditional nature of the • Is not a significant regulatory action
the commitment letter demonstrates that approval would be removed and the subject to Executive Order 13211 (66 FR
the State will, within one year of EPA’s submittal would become fully approved. 28355, May 22, 2001);
finalization, revise the Idaho attainment If the State does not submit these • Is not subject to requirements of
plan to satisfy the QM requirement.8 revisions by a date certain within one section 12(d) of the National
Lastly, with respect to MVEBs, Idaho year of final action, or if the EPA finds Technology Transfer and Advancement
calculated projected 2014 emission the State’s revisions to be incomplete, or Act of 1995 (15 U.S.C. 272 note) because
budgets based on the former subpart 1 EPA disapproves the State’s revisions, a this action does not involve technical
attainment deadline of December 2014. conditional approval will convert to a standards; and
On April 25, 2017, Idaho requested that disapproval. If any of these occur and • Does not provide the EPA with the
the EPA approve the submitted 2014 the EPA’s conditional approval converts discretionary authority to address, as
MVEBs as early progress budgets.9 We to a disapproval, that will constitute a appropriate, disproportionate human
have concluded that the submitted disapproval of a required plan element health or environmental effects, using
budgets are consistent with making under part D of title I of the Act, which practicable and legally permissible
progress toward attaining the 2006 PM2.5 starts an 18-month clock for sanctions, methods, under Executive Order 12898
NAAQS by December 31, 2015, because see section 179(a)(2), and the two-year (59 FR 7629, February 16, 1994).
the budgets show reduced emissions clock for a Federal Implementation Plan The SIP is not approved to apply on
from the motor vehicle sector over time. (FIP), see CAA section 110(c)(1)(B). any Indian reservation land or in any
Therefore, we are proposing approval of other area where the EPA or an Indian
the submitted 2014 MVEBs as early III. Statutory and Executive Orders tribe has demonstrated that a tribe has
progress budgets. We are also proposing Review jurisdiction. In those areas of Indian
to conditionally approve Idaho’s Under the CAA, the Administrator is country, the rule does not have tribal
commitment to submit MVEBs for the required to approve a SIP submission implications as specified by Executive
2015 attainment year. that complies with the provisions of the Order 13175 (65 FR 67249, November 9,
Act and applicable Federal regulations. 2000).
II. Proposed Action
42 U.S.C. 7410(k); 40 CFR 52.02(a). List of Subjects in 40 CFR Part 52
For the reasons discussed above, the Thus, in reviewing SIP submissions, the
EPA is proposing to approve the Environmental protection, Air
EPA’s role is to approve state choices,
attainment demonstration in the Idaho pollution control, Carbon monoxide,
provided that they meet the criteria of
attainment plan for the Idaho portion of Incorporation by reference,
the CAA. Accordingly, this action
the Logan UT-ID area. The EPA is also Intergovernmental relations, Lead,
merely proposes to approve state law as
proposing to approve the 2014 MVEBs Nitrogen dioxide, Ozone, Particulate
meeting Federal requirements and does
as early progress budgets, in that they matter, Reporting and recordkeeping
not impose additional requirements
are consistent with making progress requirements, Sulfur oxides, Volatile
beyond those imposed by state law. For
toward attainment of the 2006 PM2.5 organic compounds.
that reason, this action:
NAAQS by December 31, 2015. Lastly, • Is not a ‘‘significant regulatory Dated: May 15, 2017.
the EPA is proposing to conditionally action’’ subject to review by the Office Michelle L. Pirzadeh,
approve RFP, QMs, and revised MVEBs of Management and Budget under Acting Regional Administrator, Region 10.
in the Idaho attainment plan, based on Executive Orders 12866 (58 FR 51735, [FR Doc. 2017–11226 Filed 5–31–17; 8:45 am]
8 Our confidence in Idaho’s ability to
October 4, 1993) and 13563 (76 FR 3821, BILLING CODE 6560–50–P
expeditiously revise the Idaho attainment plan to
January 21, 2011);
include valid QMs is bolstered by the information • Does not impose an information
the State submitted in a February 26, 2016 letter. collection burden under the provisions ENVIRONMENTAL PROTECTION
Specifically, the February 26, 2016 letter provides of the Paperwork Reduction Act (44 AGENCY
a list of all woodstove and open burning
curtailment days that have occurred in the Idaho
U.S.C. 3501 et seq.);
portion of the Logan, UT-ID area since the program • Is certified as not having a 40 CFR Part 52
was established, along with the public outreach significant economic impact on a [EPA–R03–OAR–2017–0152; FRL–9962–45–
materials and criteria used in forecasting substantial number of small entities Region 3]
curtailment days. The letter also gives a listing of
all woodstove change-outs conducted in the area to
under the Regulatory Flexibility Act (5
date and quantifies the estimated emission U.S.C. 601 et seq.); Air Plan Approval; Delaware;
jstallworth on DSK7TPTVN1PROD with PROPOSALS
reductions achieved through those change-outs • Does not contain any unfunded Infrastructure Requirements for the
since 2006. Lastly, the letter details compliance mandate or significantly or uniquely 2012 Fine Particulate Matter Standard
with the road sanding agreements documenting the
affect small governments, as described
amount of sand and salt used by Franklin County AGENCY: Environmental Protection
Road and Bridge verifying that the local agency has Agency (EPA).
met its obligations since these agreements were put 10 In IDEQ’s April 25, 2017 commitment letter,
in place in 2012. IDEQ committed to a date certain to submit ACTION: Proposed rule.
9 Early progress budgets for PM
2.5 areas were revisions by August 1, 2018, which we anticipate
discussed in the July 1, 2004 transportation will be within one year of the effective date of final SUMMARY: The Environmental Protection
conformity final rule. (See 69 FR 40030–1.) action. Agency (EPA) is proposing to approve
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![Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Proposed Rules 25213
emissions) for the 2012 PM2.5 NAAQS. practicable and legally permissible action. We are seeking comment on our
This proposed rulemaking action does methods, under Executive Order 12898 proposed action and plan to follow with
not include action on section (59 FR 7629, February 16, 1994). a final action.
110(a)(2)(I) of the CAA which pertains In addition, this proposed rule to DATES: Any comments must arrive by
to the nonattainment planning approve portions of Delaware’s July 3, 2017.
requirements of part D, title I of the December 14, 2015 SIP for section ADDRESSES: Submit comments,
CAA, because this element is not 110(a)(2) infrastructure requirements for identified by Docket ID No. EPA–R09–
required to be submitted by the 3-year the 2012 PM2.5 NAAQS does not have OAR–2017–0255, at http://
submission deadline of section 110(a)(1) tribal implications as specified by www.regulations.gov, or via email to
of the CAA, and will be addressed in a Executive Order 13175 (65 FR 67249, R9airpermits@epa.gov. For comments
separate process if necessary. November 9, 2000), because the SIP is submitted at Regulations.gov, follow the
not approved to apply in Indian country online instructions for submitting
IV. Statutory and Executive Order
located in the state, and EPA notes that comments. Once submitted, comments
Reviews
it will not impose substantial direct cannot be removed or edited from
Under the CAA, the Administrator is costs on tribal governments or preempt Regulations.gov. For either manner of
required to approve a SIP submission tribal law. submission, the EPA may publish any
that complies with the provisions of the comment received to its public docket.
CAA and applicable federal regulations. List of Subjects in 40 CFR Part 52
Do not submit electronically any
42 U.S.C. 7410(k); 40 CFR 52.02(a). Environmental protection, Air information you consider to be
Thus, in reviewing SIP submissions, pollution control, Incorporation by Confidential Business Information (CBI)
EPA’s role is to approve state choices, reference, Particulate matter, Reporting or other information whose disclosure is
provided that they meet the criteria of and recordkeeping requirements. restricted by statute. Multimedia
the CAA. Accordingly, this action Authority: 42 U.S.C. 7401 et seq. submissions (audio, video, etc.) must be
merely approves state law as meeting accompanied by a written comment.
federal requirements and does not Dated: April 26, 2017.
John A. Armstead, The written comment is considered the
impose additional requirements beyond official comment and should include
those imposed by state law. For that Acting Regional Administrator, Region III.
discussion of all points you wish to
reason, this proposed action: [FR Doc. 2017–11085 Filed 5–31–17; 8:45 am]
make. The EPA will generally not
• Is not a ‘‘significant regulatory BILLING CODE 6560–50–P
consider comments or comment
action’’ subject to review by the Office
contents located outside of the primary
of Management and Budget under
submission (i.e. on the web, cloud, or
Executive Orders 12866 (58 FR 51735, ENVIRONMENTAL PROTECTION
other file sharing system). For
October 4, 1993) and 13563 (76 FR 3821, AGENCY
additional submission methods, please
January 21, 2011);
• does not impose an information 40 CFR Part 52 contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
collection burden under the provisions [EPA–R09–OAR–2017–0255; FRL–9963–08-
of the Paperwork Reduction Act (44 For the full EPA public comment policy,
Region 9] information about CBI or multimedia
U.S.C. 3501 et seq.);
• is certified as not having a Air Plan Approval; Arizona; Stationary submissions, and general guidance on
significant economic impact on a Sources; New Source Review making effective comments, please visit
substantial number of small entities https://www.epa.gov/dockets/
under the Regulatory Flexibility Act (5 AGENCY: Environmental Protection commenting-epa-dockets.
U.S.C. 601 et seq.); Agency (EPA). FOR FURTHER INFORMATION CONTACT: Lisa
• does not contain any unfunded ACTION: Proposed rule. Beckham, EPA Region 9, (415) 972–
mandate or significantly or uniquely 3811, beckham.lisa@epa.gov.
affect small governments, as described SUMMARY: The Environmental Protection SUPPLEMENTARY INFORMATION:
in the Unfunded Mandates Reform Act Agency (EPA) is proposing approval of Throughout this document, the terms
of 1995 (Pub. L 104–4); regulatory revisions to the Arizona ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA.
• does not have federalism Department of Environmental Quality
(ADEQ) portion of the applicable state Table of Contents
implications as specified in Executive
Order 13132 (64 FR 43255, August 10, implementation plan (SIP) for the State I. The State’s Submittal
1999); of Arizona. These revisions are A. Which rules did the State submit?
• is not an economically significant primarily intended to make corrections B. Are there previous versions of the rules
regulatory action based on health or to ADEQ’s SIP-approved rules for the in the Arizona SIP?
issuance of New Source Review (NSR) C. What is the purpose of the EPA’s
safety risks subject to Executive Order proposed rule?
13045 (62 FR 19885, April 23, 1997); permits for stationary sources, with a
II. The EPA’s Evaluation
• is not a significant regulatory action focus on preconstruction permit A. How is the EPA evaluating the State’s
subject to Executive Order 13211 (66 FR requirements under the Clean Air Act rules?
28355, May 22, 2001); (CAA or Act) for major sources and B. Do the rules meet the evaluation
• is not subject to requirements of major modifications. On November 2, criteria?
Section 12(d) of the National 2015, we took final action on a SIP C. Review of Rules Requested To Be
jstallworth on DSK7TPTVN1PROD with PROPOSALS
Technology Transfer and Advancement submittal from ADEQ that significantly Removed From the SIP
Act of 1995 (15 U.S.C. 272 note) because updated ADEQ’s SIP-approved NSR D. Remaining NSR Deficiencies
permitting program. However, that E. Federal Implementation Plan for GHGs
application of those requirements would and ADEQ’s PSD Program
be inconsistent with the CAA; and action identified several deficiencies in F. The EPA’s Recommendations To Further
• does not provide EPA with the ADEQ’s program that needed to be Improve the State’s Rules
discretionary authority to address, as corrected. This proposed action will G. Do the rules meet the evaluation criteria
appropriate, disproportionate human correct a substantial portion of the under Sections 110(l) and 193 of the
health or environmental effects, using deficiencies we identified in that 2015 Clean Air Act?
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Document Created: 2017-06-01 03:05:14
Document Modified: 2017-06-01 03:05:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before July 3, 2017. | |
| Contact | Gavin Huang, (215) 814-2042, or by email at [email protected] | |
| FR Citation | 82 FR 25211 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Particulate Matter and Reporting and Recordkeeping Requirements |
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