83 FR 22436 - Approval and Promulgation of Air Quality Implementation Plans; Delaware; Interstate Transport Requirements for the 2012 Fine Particulate Matter Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 94 (May 15, 2018)
Federal Register Volume 83, Issue 94 (May 15, 2018)
| Page Range | 22436-22438 | |
| FR Document | 2018-10342 |
[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)] [Proposed Rules] [Pages 22436-22438] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10342] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2017-0152; FRL-9978-09-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Delaware; Interstate Transport 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 a state implementation plan (SIP) revision submitted by the State of Delaware. This revision pertains to the infrastructure requirement for interstate transport of pollution with respect to the 2012 fine [[Page 22437]] particulate matter (PM2.5 ) national ambient air quality standards (NAAQS). EPA is proposing approval of this revision in accordance with the requirements of the Clean Air Act (CAA). DATES: Written comments must be received on or before June 14, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03- OAR-2017-0152 at http://www.regulations.gov, or via email to spielberger.susan@epa.gov. 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: Joseph Schulingkamp, (215) 814-2021, or by email at schulingkamp.joseph@epa.gov. SUPPLEMENTARY INFORMATION: On December 14, 2015, the State of Delaware, through the Department of Natural Resources and Environmental Control (DNREC) submitted a SIP revision addressing the infrastructure requirements under section 110(a)(2) of the CAA for the 2012 PM2.5 NAAQS. On September 22, 2017, EPA approved all portions of Delaware's submittal except for the portion addressing section 110(a)(2)(D)(i)(I) regarding the interstate transport of emissions. See 82 FR 44318. As explained in the final rule, EPA intended to take separate action on that portion of Delaware's submittal and is doing so with today's proposed action. I. Background A. General Particle pollution is a complex mixture of extremely small particles and liquid droplets in the air. When inhaled, these particles can reach the deepest regions of the lungs. Exposure to particle pollution is linked to a variety of significant health problems. Particle pollution also is the main cause of visibility impairment in the nation's cities and national parks. PM2.5 can be emitted directly into the atmosphere, or it can form from chemical reactions of precursor gases including sulfur dioxide (SO2 ), nitrogen dioxide (NO2 ), certain volatile organic compounds (VOC), and ammonia. On January 15, 2013, EPA revised the level of the health based (primary) annual PM2.5 standard to 12 micrograms per meter cubed ([micro]g/m\3\). See 78 FR 3086. B. EPA's Infrastructure Requirements Pursuant to section 110(a)(1) of the CAA, states are required to submit a SIP revision to address the applicable requirements of section 110(a)(2) within three years after promulgation of a new or revised NAAQS or within such shorter period as EPA may prescribe. Section 110(a)(2) requires states to address basic SIP elements to assure attainment and maintenance of the NAAQS--such as requirements for monitoring, basic program requirements, and legal authority. Section 110(a) imposes the obligation upon states to make a SIP submission to EPA for a new or revised NAAQS, but the contents of that submission may vary depending upon the facts and circumstances of each NAAQS and what is in each state's existing SIP. In particular, the data and analytical tools available at the time the state develops and submits the SIP revision for a new or revised NAAQS affect the content of the submission. The content of such SIP submission may also vary depending upon what provisions the state's existing SIP already contains. Specifically, section 110(a)(1) provides the procedural and timing requirements for SIP submissions. Section 110(a)(2) lists specific elements that states must meet for infrastructure SIP requirements related to a newly established or revised NAAQS such as requirements for monitoring, basic program requirements, and legal authority that are designed to assure attainment and maintenance of the NAAQS. C. Interstate Pollution Transport Requirements Section 110(a)(2)(D)(i)(I) of the CAA requires a state's SIP to address any emissions activity in one state that contributes significantly to nonattainment, or interferes with maintenance, of the NAAQS in any downwind state. The EPA sometimes refers to these requirements as prong 1 (significant contribution to nonattainment) and prong 2 (interference with maintenance), or jointly as the ``good neighbor'' provision of the CAA. On March 17, 2016, EPA issued a memorandum providing information on the development and review of SIPs that address CAA section 110(a)(2)(D)(i) for the 2012 PM2.5 NAAQS (2016 PM2.5 Memorandum).\1\ Further information can be found in the Technical Support Document (TSD) for this rulemaking action, which is available online at www.regulations.gov, Docket number EPA-R03-OAR-2017-0152. --------------------------------------------------------------------------- \1\ ``Information on the Interstate Transport ``Good Neighbor'' Provision for the 2012 Fine Particulate Matter National Ambient Air Quality Standards under Clean Air Act Section 110(a)(2)(D)(i)(I),'' Memorandum from Stephen D. Page, Director, EPA Office of Air Quality Planning and Standards (March 17, 2016). A copy is included in the docket for this rulemaking action. --------------------------------------------------------------------------- II. Summary of SIP Revisions and EPA Analysis Delaware's December 14, 2015 SIP submittal asserted that the State's SIP presently contains adequate provisions prohibiting sources from emitting air pollutants in amounts which will contribute significantly to nonattainment or interfere with maintenance of the 2012 PM2.5 NAAQS. Delaware also asserted under Delaware Code, Title 7, Chapter 60, Subsection 6010(c), ``Rules and regulations; plans,'' that the State has the legal authority to regulate sources whose emission could transport to areas in nonattainment or to areas currently attaining the NAAQS. Delaware also describes ambient air quality data for New Castle, Kent, and Sussex Counties as all being below the NAAQS. A detailed summary of Delaware's submittal and EPA's review and rationale for approval of this SIP revision as meeting CAA section 110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS may be found in the TSD for this rulemaking action, which is available online at www.regulations.gov, Docket number EPA-R03-OAR-2017-0152. EPA used the information in the 2016 PM2.5 Memorandum and additional information for the evaluation and came to the same conclusion as Delaware. As [[Page 22438]] discussed in greater detail in the TSD, EPA identified the potential downwind nonattainment and maintenance receptors identified in the 2016 PM2.5 Memorandum, and then evaluated them to determine if Delaware's emissions could potentially contribute to nonattainment and maintenance problems in 2021, the attainment year for moderate PM2.5 nonattainment areas. Specifically, the analysis identified the following areas as potential nonattainment and maintenance receptors: (i) 17 potential receptors in California; (ii) one potential receptor in Shoshone County, Idaho; (iii) one potential receptor in Allegheny County, Pennsylvania; (iv) data gaps exist for the monitors in four counties in Florida; and (v) data gaps exist for all monitors in Illinois. For the 17 receptors in California and one potential receptor in Idaho, based on EPA's evaluation of distance and wind direction, EPA proposes to conclude that Delaware's emissions do not significantly impact those receptors. For the potential receptor in Allegheny County, EPA expects the air quality affecting that monitor to improve to the point where the monitor will not be a nonattainment or maintenance receptor by 2021 and is therefore unlikely to be a receptor for purposes of interstate transport. For the four counties in Florida and the monitors in Illinois with data gaps, EPA initially treats those receptors as potential nonattainment or maintenance receptors. For the Florida receptors, it is unlikely that they will be nonattainment or maintenance receptors in 2021 and in any event, modeling from the Cross-State Air Pollution Rule (CSAPR) indicates that Delaware's emissions do not contribute to them. For the monitors in Illinois, the most recent air quality data (from 2015 and 2016) indicates that all monitors are likely attaining the PM2.5 NAAQs and are therefore unlikely to be nonattainment or maintenance concerns in 2021. Therefore, EPA proposes to conclude that Delaware emissions will not contribute to any of these receptors. For these reasons, EPA is proposing to find that Delaware's existing SIP provisions as identified in the December 14, 2015 SIP submittal are adequate to prevent its emission sources from significantly contributing to nonattainment or interfering with maintenance in another state with respect to the 2012 PM2.5 NAAQS. III. Proposed Action EPA is proposing to approve the December 14, 2015 Delaware SIP revision addressing the interstate transport requirements for the 2012 PM2.5 NAAQS because the submittal adequately addresses section 110(a)(2)(D)(i)(I) of the CAA. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866. Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this proposed rule, addressing the 2012 PM 2.5 interstate transport obligations for Delaware, 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. Authority: 42 U.S.C. 7401 et seq. Dated: May 1, 2018. Cosmo Servidio, Regional Administrator, Region III. [FR Doc. 2018-10342 Filed 5-14-18; 8:45 am] BILLING CODE 6560-50-P
![22436 Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Proposed Rules
consult with other agency components, action provides the most important without its consent to protect the public
as FDA deems appropriate. therapeutic action of the combination health or for other compelling reasons.
product, in which case the sponsor’s A sponsor shall be given 30 days written
§ 3.5 Request for designation. recommendation must be based on the notice of any proposed such change in
(a) What to file: A request for assignment algorithm set forth in designated product classification or
designation may be submitted only by § 3.4(b) and an assessment of the agency component. The sponsor may
the sponsor and must be filed in assignment of other combination request an additional 30 days to submit
accordance with this section. The products the sponsor wishes FDA to written objections, not to exceed 15
request for designation must not exceed consider during the assignment of its pages, to the proposed change, and shall
15 pages, including attachments, and combination product. be granted, upon request, a timely
must set forth: (b) How and where to file: All meeting with the product jurisdiction
(1) The identity of the sponsor, communications pursuant to this officer and appropriate center officials.
including company name and address, subpart shall be addressed to the Within 30 days of receipt of the
establishment registration number, attention of the product jurisdiction sponsor’s written objections, the
company contact person, email address, officer and plainly marked ‘‘Request for product jurisdiction officer shall issue
and telephone number. Designation.’’ Such communications to the sponsor, with copies to
(2) A description of the product, shall be submitted either in hard copy appropriate agency component officials,
including: (an original and two copies) or in an a written determination setting forth a
(i) Classification, name of the product electronic format that FDA can process, statement of reasons for the proposed
and all component products, if review, and archive, to the current change in designated product
applicable; mailing address or email address, classification or agency component.
(ii) Common, generic, or usual name respectively, for the Office of Such a change in the designated product
of the product and all component Combination Products as published by classification or agency component
products; FDA. requires the concurrence of the official
(iii) Proprietary name of the product; in the agency responsible for overseeing
(iv) Identification of any component § 3.6 Letter of designation.
the Office of Combination Products.
of the product that already has received (a) Each request for designation will
premarket approval, is marketed as not be reviewed for completeness within 5 § 3.8 Stay of review time.
being subject to premarket approval, or working days of receipt. Any request for Any filing with or review by the
has received an investigational designation determined to be product jurisdiction officer stays the
exemption, the identity of the sponsors, incomplete will be returned to the review clock or other established time
and the status of any discussions or applicant with a request for the missing periods for agency action for an
agreements between the sponsors information. The sponsor of an accepted application during the pendency of the
regarding the use of this product as a request for designation will be notified review by the product jurisdiction
component of a new combination of the filing date. officer.
product. (b) Within 60 days of the filing date
(v) Chemical, physical, or biological of a request for designation, the product Subpart B [Reserved]
composition; jurisdiction officer will issue a letter of
(vi) Status and brief reports of the designation to the sponsor, with copies Dated: May 10, 2018.
results of developmental work, to the agency components, specifying Leslie Kux,
including animal testing; the classification of the product at issue Associate Commissioner for Policy.
(vii) Description of the manufacturing or the agency component designated to [FR Doc. 2018–10321 Filed 5–14–18; 8:45 am]
processes, including the sources of all have primary jurisdiction for the BILLING CODE 4164–01–P
components; premarket review and regulation of the
(viii) Proposed use or indications; product at issue, and any consulting
(ix) Description of all known modes of agency components. The product
action, the sponsor’s identification of ENVIRONMENTAL PROTECTION
jurisdiction officer may request a AGENCY
the single mode of action that provides meeting with the sponsor during the
the most important therapeutic action of review period to discuss the request for 40 CFR Part 52
the product, and the basis for that designation. If the product jurisdiction
determination; officer has not issued a letter of [EPA–R03–OAR–2017–0152; FRL–9978–09–
(x) Schedule and duration of use; Region 3]
designation within 60 days of the filing
(xi) Dose and route of administration date of a request for designation, the
of drug or biological product; Approval and Promulgation of Air
sponsor’s recommendation of the Quality Implementation Plans;
(xii) Description of related products, classification of the product or the
including the regulatory status of those Delaware; Interstate Transport
center with primary jurisdiction, in Requirements for the 2012 Fine
related products; and accordance with § 3.5(a)(3), shall
(xiii) Any other relevant information. Particulate Matter Standard
become the designated product
(3) The sponsor’s recommendation as classification or agency component. AGENCY: Environmental Protection
to the classification of the product as a Agency (EPA).
drug, device, biological product, or § 3.7 Effect of letter of designation. ACTION: Proposed rule.
daltland on DSKBBV9HB2PROD with PROPOSALS
combination product, or as to which (a) The letter of designation
agency component should have primary constitutes an agency determination that SUMMARY: The Environmental Protection
jurisdiction. For combination products, is subject to change only as provided in Agency (EPA) is proposing to approve a
the recommendation for primary paragraph (b) of this section. state implementation plan (SIP) revision
jurisdiction must be based on the (b) The product jurisdiction officer submitted by the State of Delaware. This
primary mode of action unless the may change the designated product revision pertains to the infrastructure
sponsor cannot determine with classification or agency component with requirement for interstate transport of
reasonable certainty which mode of the written consent of the sponsor, or pollution with respect to the 2012 fine
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![22438 Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Proposed Rules
discussed in greater detail in the TSD, adequately addresses section methods, under Executive Order 12898
EPA identified the potential downwind 110(a)(2)(D)(i)(I) of the CAA. EPA is (59 FR 7629, February 16, 1994).
nonattainment and maintenance soliciting public comments on the In addition, this proposed rule,
receptors identified in the 2016 PM2.5 issues discussed in this document. addressing the 2012 PM2.5 interstate
Memorandum, and then evaluated them These comments will be considered transport obligations for Delaware, does
to determine if Delaware’s emissions before taking final action. not have tribal implications as specified
could potentially contribute to by Executive Order 13175 (65 FR 67249,
nonattainment and maintenance IV. Statutory and Executive Order
Reviews November 9, 2000), because the SIP is
problems in 2021, the attainment year not approved to apply in Indian country
for moderate PM2.5 nonattainment areas. Under the CAA, the Administrator is located in the state, and EPA notes that
Specifically, the analysis identified the required to approve a SIP submission it will not impose substantial direct
following areas as potential that complies with the provisions of the costs on tribal governments or preempt
nonattainment and maintenance CAA and applicable federal regulations. tribal law.
receptors: (i) 17 potential receptors in 42 U.S.C. 7410(k); 40 CFR 52.02(a).
California; (ii) one potential receptor in Thus, in reviewing SIP submissions, List of Subjects in 40 CFR Part 52
Shoshone County, Idaho; (iii) one EPA’s role is to approve state choices, Environmental protection, Air
potential receptor in Allegheny County, provided that they meet the criteria of pollution control, Incorporation by
Pennsylvania; (iv) data gaps exist for the the CAA. Accordingly, this action reference, Particulate matter.
monitors in four counties in Florida; merely approves state law as meeting Authority: 42 U.S.C. 7401 et seq.
and (v) data gaps exist for all monitors federal requirements and does not
Dated: May 1, 2018.
in Illinois. For the 17 receptors in impose additional requirements beyond
California and one potential receptor in those imposed by state law. For that Cosmo Servidio,
Idaho, based on EPA’s evaluation of reason, this proposed action: Regional Administrator, Region III.
distance and wind direction, EPA • Is not a ‘‘significant regulatory [FR Doc. 2018–10342 Filed 5–14–18; 8:45 am]
proposes to conclude that Delaware’s action’’ subject to review by the Office BILLING CODE 6560–50–P
emissions do not significantly impact of Management and Budget under
those receptors. For the potential Executive Orders 12866 (58 FR 51735,
receptor in Allegheny County, EPA October 4, 1993) and 13563 (76 FR 3821, ENVIRONMENTAL PROTECTION
expects the air quality affecting that January 21, 2011); AGENCY
monitor to improve to the point where • Is not an Executive Order 13771 (82
the monitor will not be a nonattainment FR 9339, February 2, 2017) regulatory 40 CFR Part 63
or maintenance receptor by 2021 and is action because SIP approvals are [EPA–HQ–OAR–2003–0194; FRL–9977–74–
therefore unlikely to be a receptor for exempted under Executive Order 12866. OAR]
purposes of interstate transport. For the • Does not impose an information RIN 2060–AT70
four counties in Florida and the collection burden under the provisions
monitors in Illinois with data gaps, EPA of the Paperwork Reduction Act (44 National Emission Standards for
initially treats those receptors as U.S.C. 3501 et seq.); Hazardous Air Pollutants: Leather
potential nonattainment or maintenance • Is certified as not having a Finishing Operations Residual Risk
receptors. For the Florida receptors, it is significant economic impact on a and Technology Review
unlikely that they will be nonattainment substantial number of small entities
or maintenance receptors in 2021 and in under the Regulatory Flexibility Act (5 AGENCY: Environmental Protection
any event, modeling from the Cross- U.S.C. 601 et seq.); Agency (EPA).
State Air Pollution Rule (CSAPR) • Does not contain any unfunded ACTION: Proposed rule; reopening of
indicates that Delaware’s emissions do mandate or significantly or uniquely comment period.
not contribute to them. For the monitors affect small governments, as described
in the Unfunded Mandates Reform Act SUMMARY: On March 14, 2018, the
in Illinois, the most recent air quality
of 1995 (Pub. L. 104–4); Environmental Protection Agency (EPA)
data (from 2015 and 2016) indicates that
• Does not have federalism proposed a rule titled, ‘‘National
all monitors are likely attaining the
PM2.5 NAAQs and are therefore unlikely implications as specified in Executive Emission Standards for Hazardous Air
to be nonattainment or maintenance Order 13132 (64 FR 43255, August 10, Pollutants: Leather Finishing Operations
concerns in 2021. Therefore, EPA 1999); Residual Risk and Technology Review.’’
proposes to conclude that Delaware • Is not an economically significant The EPA is reopening the comment
emissions will not contribute to any of regulatory action based on health or period on the proposed rule that closed
these receptors. For these reasons, EPA safety risks subject to Executive Order on April 30, 2018. The EPA is taking
is proposing to find that Delaware’s 13045 (62 FR 19885, April 23, 1997); this action because the supporting
existing SIP provisions as identified in • Is not a significant regulatory action document—Analysis of Demographic
the December 14, 2015 SIP submittal are subject to Executive Order 13211 (66 FR Factors for Populations Living Near
adequate to prevent its emission sources 28355, May 22, 2001); Leather Finishing Operations—was
from significantly contributing to • Is not subject to requirements of inadvertently not included in the docket
nonattainment or interfering with section 12(d) of the National for this proposed rule. As this analysis
maintenance in another state with Technology Transfer and Advancement is now available to the public, the EPA
daltland on DSKBBV9HB2PROD with PROPOSALS
respect to the 2012 PM2.5 NAAQS. Act of 1995 (15 U.S.C. 272 note) because has reopened the comment period for an
application of those requirements would additional 30 days.
III. Proposed Action be inconsistent with the CAA; and DATES: The public comment period for
EPA is proposing to approve the • Does not provide EPA with the the proposed rule published in the
December 14, 2015 Delaware SIP discretionary authority to address, as Federal Register on March 14, 2018 (83
revision addressing the interstate appropriate, disproportionate human FR 11314), is reopened. Written
transport requirements for the 2012 health or environmental effects, using comments must be received on or before
PM2.5 NAAQS because the submittal practicable and legally permissible June 14, 2018.
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Document Created: 2018-05-15 00:34:16
Document Modified: 2018-05-15 00:34:16
| 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 June 14, 2018. | |
| Contact | Joseph Schulingkamp, (215) 814-2021, or by email at [email protected] | |
| FR Citation | 83 FR 22436 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference and Particulate Matter |
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