83_FR_22530 83 FR 22436 - Approval and Promulgation of Air Quality Implementation Plans; Delaware; Interstate Transport Requirements for the 2012 Fine Particulate Matter Standard

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)

Page Range22436-22438
FR Document2018-10342

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 particulate matter (PM<INF>2.5</INF>) national ambient air quality standards (NAAQS). EPA is proposing approval of this revision in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 83 Issue 94 (Tuesday, May 15, 2018)
[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]


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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 PM2.5 
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.
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                                                 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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                                                                          Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Proposed Rules                                                     22437

                                                 particulate matter (PM2.5) national                     I. Background                                         C. Interstate Pollution Transport
                                                 ambient air quality standards (NAAQS).                                                                        Requirements
                                                                                                         A. General
                                                 EPA is proposing approval of this                                                                                Section 110(a)(2)(D)(i)(I) of the CAA
                                                 revision in accordance with the                            Particle pollution is a complex                    requires a state’s SIP to address any
                                                 requirements of the Clean Air Act                       mixture of extremely small particles and              emissions activity in one state that
                                                 (CAA).                                                  liquid droplets in the air. When inhaled,             contributes significantly to
                                                                                                         these particles can reach the deepest                 nonattainment, or interferes with
                                                 DATES: Written comments must be
                                                                                                         regions of the lungs. Exposure to                     maintenance, of the NAAQS in any
                                                 received on or before June 14, 2018.                                                                          downwind state. The EPA sometimes
                                                                                                         particle pollution is linked to a variety
                                                 ADDRESSES:   Submit your comments,                      of significant health problems. Particle              refers to these requirements as prong 1
                                                 identified by Docket ID No. EPA–R03–                    pollution also is the main cause of                   (significant contribution to
                                                 OAR–2017–0152 at http://                                visibility impairment in the nation’s                 nonattainment) and prong 2
                                                 www.regulations.gov, or via email to                    cities and national parks. PM2.5 can be               (interference with maintenance), or
                                                 spielberger.susan@epa.gov. For                                                                                jointly as the ‘‘good neighbor’’ provision
                                                                                                         emitted directly into the atmosphere, or
                                                 comments submitted at Regulations.gov,                                                                        of the CAA. On March 17, 2016, EPA
                                                                                                         it can form from chemical reactions of
                                                 follow the online instructions for                                                                            issued a memorandum providing
                                                                                                         precursor gases including sulfur dioxide              information on the development and
                                                 submitting comments. Once submitted,                    (SO2), nitrogen dioxide (NO2), certain
                                                 comments cannot be edited or removed                                                                          review of SIPs that address CAA section
                                                                                                         volatile organic compounds (VOC), and                 110(a)(2)(D)(i) for the 2012 PM2.5
                                                 from Regulations.gov. For either manner                 ammonia. On January 15, 2013, EPA
                                                 of submission, EPA may publish any                                                                            NAAQS (2016 PM2.5 Memorandum).1
                                                                                                         revised the level of the health based                 Further information can be found in the
                                                 comment received to its public docket.
                                                                                                         (primary) annual PM2.5 standard to 12                 Technical Support Document (TSD) for
                                                 Do not submit electronically any
                                                                                                         micrograms per meter cubed (mg/m3).                   this rulemaking action, which is
                                                 information you consider to be
                                                                                                         See 78 FR 3086.                                       available online at www.regulations.gov,
                                                 confidential business information (CBI)
                                                                                                                                                               Docket number EPA–R03–OAR–2017–
                                                 or other information whose disclosure is                B. EPA’s Infrastructure Requirements                  0152.
                                                 restricted by statute. Multimedia
                                                 submissions (audio, video, etc.) must be                   Pursuant to section 110(a)(1) of the               II. Summary of SIP Revisions and EPA
                                                 accompanied by a written comment.                       CAA, states are required to submit a SIP              Analysis
                                                 The written comment is considered the                   revision to address the applicable                       Delaware’s December 14, 2015 SIP
                                                 official comment and should include                     requirements of section 110(a)(2) within              submittal asserted that the State’s SIP
                                                 discussion of all points you wish to                    three years after promulgation of a new               presently contains adequate provisions
                                                 make. EPA will generally not consider                   or revised NAAQS or within such                       prohibiting sources from emitting air
                                                 comments or comment contents located                    shorter period as EPA may prescribe.                  pollutants in amounts which will
                                                 outside of the primary submission (i.e.                 Section 110(a)(2) requires states to                  contribute significantly to
                                                 on the web, cloud, or other file sharing                address basic SIP elements to assure                  nonattainment or interfere with
                                                 system). For additional submission                      attainment and maintenance of the                     maintenance of the 2012 PM2.5 NAAQS.
                                                 methods, please contact the person                      NAAQS—such as requirements for                        Delaware also asserted under Delaware
                                                 identified in the FOR FURTHER                           monitoring, basic program                             Code, Title 7, Chapter 60, Subsection
                                                 INFORMATION CONTACT section. For the                    requirements, and legal authority.                    6010(c), ‘‘Rules and regulations; plans,’’
                                                 full EPA public comment policy,                         Section 110(a) imposes the obligation                 that the State has the legal authority to
                                                 information about CBI or multimedia                     upon states to make a SIP submission to               regulate sources whose emission could
                                                 submissions, and general guidance on                    EPA for a new or revised NAAQS, but                   transport to areas in nonattainment or to
                                                 making effective comments, please visit                 the contents of that submission may                   areas currently attaining the NAAQS.
                                                 http://www2.epa.gov/dockets/                            vary depending upon the facts and                     Delaware also describes ambient air
                                                 commenting-epa-dockets.                                 circumstances of each NAAQS and what                  quality data for New Castle, Kent, and
                                                                                                         is in each state’s existing SIP. In                   Sussex Counties as all being below the
                                                 FOR FURTHER INFORMATION CONTACT:
                                                                                                         particular, the data and analytical tools             NAAQS. A detailed summary of
                                                 Joseph Schulingkamp, (215) 814–2021,                                                                          Delaware’s submittal and EPA’s review
                                                 or by email at schulingkamp.joseph@                     available at the time the state develops
                                                                                                                                                               and rationale for approval of this SIP
                                                 epa.gov.                                                and submits the SIP revision for a new
                                                                                                                                                               revision as meeting CAA section
                                                                                                         or revised NAAQS affect the content of                110(a)(2)(D)(i)(I) for the 2012 PM2.5
                                                 SUPPLEMENTARY INFORMATION:      On                      the submission. The content of such SIP
                                                 December 14, 2015, the State of                                                                               NAAQS may be found in the TSD for
                                                                                                         submission may also vary depending                    this rulemaking action, which is
                                                 Delaware, through the Department of                     upon what provisions the state’s
                                                 Natural Resources and Environmental                                                                           available online at www.regulations.gov,
                                                                                                         existing SIP already contains.                        Docket number EPA–R03–OAR–2017–
                                                 Control (DNREC) submitted a SIP
                                                 revision addressing the infrastructure                     Specifically, section 110(a)(1)                    0152.
                                                 requirements under section 110(a)(2) of                 provides the procedural and timing                       EPA used the information in the 2016
                                                                                                         requirements for SIP submissions.                     PM2.5 Memorandum and additional
                                                 the CAA for the 2012 PM2.5 NAAQS. On
                                                                                                         Section 110(a)(2) lists specific elements             information for the evaluation and came
                                                 September 22, 2017, EPA approved all
                                                                                                                                                               to the same conclusion as Delaware. As
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                                                 portions of Delaware’s submittal except                 that states must meet for infrastructure
                                                 for the portion addressing section                      SIP requirements related to a newly                     1 ‘‘Information on the Interstate Transport ‘‘Good
                                                 110(a)(2)(D)(i)(I) regarding the interstate             established or revised NAAQS such as                  Neighbor’’ Provision for the 2012 Fine Particulate
                                                 transport of emissions. See 82 FR 44318.                requirements for monitoring, basic                    Matter National Ambient Air Quality Standards
                                                 As explained in the final rule, EPA                     program requirements, and legal                       under Clean Air Act Section 110(a)(2)(D)(i)(I),’’
                                                                                                         authority that are designed to assure                 Memorandum from Stephen D. Page, Director, EPA
                                                 intended to take separate action on that                                                                      Office of Air Quality Planning and Standards
                                                 portion of Delaware’s submittal and is                  attainment and maintenance of the                     (March 17, 2016). A copy is included in the docket
                                                 doing so with today’s proposed action.                  NAAQS.                                                for this rulemaking action.



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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.


                                            VerDate Sep<11>2014   16:36 May 14, 2018   Jkt 244001   PO 00000   Frm 00026   Fmt 4702   Sfmt 4702   E:\FR\FM\15MYP1.SGM   15MYP1



Document Created: 2018-05-15 00:34:16
Document Modified: 2018-05-15 00:34:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before June 14, 2018.
ContactJoseph Schulingkamp, (215) 814-2021, or by email at [email protected]
FR Citation83 FR 22436 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference and Particulate Matter

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