83 FR 32209 - 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 134 (July 12, 2018)
Federal Register Volume 83, Issue 134 (July 12, 2018)
| Page Range | 32209-32211 | |
| FR Document | 2018-14838 |
[Federal Register Volume 83, Number 134 (Thursday, July 12, 2018)] [Rules and Regulations] [Pages 32209-32211] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14838] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2017-0152; FRL-9980-62--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: Final rule. ----------------------------------------------------------------------- [[Page 32210]] SUMMARY: The Environmental Protection Agency (EPA) is approving 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 (PM2.5 ) national ambient air quality standards (NAAQS). EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA). DATES: This final rule is effective on August 13, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2017-0152. All documents in the docket are listed on the http://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Joseph Schulingkamp, (215) 814-2021, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background 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. On May 15, 2018 (83 FR 22436), EPA published a notice of proposed rulemaking (NPR) for the State of Delaware. In the NPR, EPA proposed approval of Delaware's submittal to address the infrastructure requirements under section 110(a)(2)(D)(i) of the CAA for the 2012 PM2.5 NAAQS. II. Summary of SIP Revision 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. EPA used the information in the 2016 PM2.5 Memorandum \1\ and additional information to evaluate the submittal and came to the same conclusion as Delaware. As discussed in greater detail in the technical support document (TSD) for this action, 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. EPA concluded Delaware was not significantly contributing to nonattainment nor interfering with maintenance with 2012 PM2.5 NAAQS by any other state. 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 NPR and TSD for this rulemaking action, which are 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. --------------------------------------------------------------------------- III. Public Comments One anonymous public comment was received during the public comment period, but the comment was determined to not be relevant nor specific to this rulemaking action. Thus no response is provided. IV. Final Action EPA is approving the December 14, 2015 SIP revision addressing the interstate transport requirements for the 2012 PM2.5 NAAQS to the Delaware SIP because the submittal adequately addresses section 110(a)(2)(D)(i)(I) of the CAA. V. Statutory and Executive Order Reviews A. General Requirements Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866. does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and [[Page 32211]] does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 10, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action, addressing Delaware's interstate transport for the 2012 PM 2.5 NAAQS, may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Particulate matter. Dated: June 19, 2018. Cosmo Servidio, Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart I--Delaware 0 2. In Sec. 52.420, the table in paragraph (e) is amended by adding a second entry for Section 110(a)(2) Infrastructure Requirements for the 2012 PM2.5 NAAQS after the first entry. The revised text reads as follows: Sec. 52.470 Identification of plan. * * * * * (e) * * * ---------------------------------------------------------------------------------------------------------------- Name of non-regulatory SIP Applicable geographic State Additional revision area submittal date EPA approval date explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 110(a)(2) Statewide.............. 12/14/2015 7/12/2018, [Insert Docket 2017-0152. Infrastructure Requirements Federal Register This action for the 2012 PM2.5 NAAQS. citation]. addresses the infrastructure element of CAA section 110(a)(2)(D)(i)(I ). * * * * * * * ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2018-14838 Filed 7-11-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 134 / Thursday, July 12, 2018 / Rules and Regulations 32209
about this rule or any policy or action republication, without change, of a Alaska Marine Highway System,
of the Coast Guard. previously published rule. It is including, but not limited to: M/V
categorically excluded from further AURORA, M/V CHENEGA, M/V
C. Collection of Information
review under paragraph L60a of COLUMBIA, M/V FAIRWEATHER, M/V
This rule will not call for a new Appendix A, Table 1 of DHS Instruction KENNICOTT, M/V LECONTE, M/V
collection of information under the Manual 023–01–001–01, Rev. 01. A LITUYA, M/V MALASPINA, M/V
Paperwork Reduction Act of 1995 (44 Record of Environmental Consideration MATANUSKA, M/V TAKU and M/V
U.S.C. 3501–3520). supporting this determination is TUSTUMENA.
D. Federalism and Indian Tribal available in the docket where indicated (d) Regulations. (1) The general
Governments under ADDRESSES. regulations contained in 33 CFR 165.23,
List of Subjects in 33 CFR Part 165 as well as the requirements in
A rule has implications for federalism paragraphs (d)(2) through (5) of this
under Executive Order 13132, Harbors, Marine safety, Navigation section, apply.
Federalism, if it has a substantial direct (water), Reporting and recordkeeping (2) No vessels, except for AMHS
effect on the States, on the relationship requirements, Security measures, ferries and vessels owned or operated by
between the national government and Waterways. AMHS will be allowed to transit the
the states, or on the distribution of For the reasons discussed in the safety zone without the permission of
power and responsibilities among the preamble, the Coast Guard amends 33 the COTP Prince William Sound or the
various levels of government. We have CFR part 165 as follows: designated representative during
analyzed this rule under that Order and periods of enforcement.
have determined that it is consistent PART 165—REGULATED NAVIGATION (3) All persons and vessels shall
with the fundamental federalism AREAS AND LIMITED ACCESS AREAS comply with the instructions of the
principles and preemption requirements COTP or the designated representative.
described in Executive Order 13132. ■ 1. The authority citation for part 165
continues to read as follows: Upon being hailed by a U.S. Coast
Also, this rule does not have tribal Guard vessel or other official patrol
implications under Executive Order Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
vessel by siren, radio, flashing light or
13175, Consultation and Coordination 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation other means, the operator of the hailed
with Indian Tribal Governments, vessel shall proceed as directed.
because it does not have a substantial No. 0170.1.
■ 2. Add § 165.1714 to read as follows: (4) Vessel operators desiring to enter
direct effect on one or more Indian or operate within the regulated area may
tribes, on the relationship between the § 165.1712a Safety Zone; Alaska Marine contact the COTP or the designated
Federal Government and Indian tribes, Highway System Port Valdez Ferry representative via VHF channel 16 or
or on the distribution of power and Terminal, Port Valdez; Valdez, AK. 907–835–7205 (Prince William Sound
responsibilities between the Federal (a) Location. The following area is a Vessel Traffic Service) to request
Government and Indian tribes. If you safety zone: All navigable waters of Port permission to do so.
believe this rule has implications for Valdez extending 200 yards in all (5) The COTP, Prince William Sound
federalism or Indian tribes, please directions from the edges of the Alaska may be aided by other Federal, state,
contact the person listed in the FOR Marine Highway System Terminal dock borough, and local law enforcement
FURTHER INFORMATION CONTACT section located in Port Valdez at 61°07′26″ N officials in the enforcement of this
above. and 146°21′50″ W. regulation. In addition, members of the
E. Unfunded Mandates Reform Act (b) Enforcement period. The rule will Coast Guard Auxiliary may be present to
be enforced whenever there is an Alaska inform vessel operators of this
The Unfunded Mandates Reform Act Marine Highway System Ferry vessel
of 1995 (2 U.S.C. 1531–1538) requires regulation.
transiting within the area described in
federal agencies to assess the effects of paragraph (a) of this section and there Dated: July 6, 2018.
their discretionary regulatory actions. In is a Commercial Salmon Fishery Opener M.R. Franklin,
particular, the Act addresses actions that includes the navigable waters Commander, U.S. Coast Guard, Captain of
that may result in the expenditure by a within the safety zone. Each the Port, Prince William Sound.
state, local, or tribal government, in the enforcement period will be announced [FR Doc. 2018–14863 Filed 7–11–18; 8:45 am]
aggregate, or by the private sector of by a broadcast notice to mariners when BILLING CODE 9110–04–P
$100,000,000 (adjusted for inflation) or the Commercial Salmon Fishery Opener
more in any one year. Though this rule is announced.
will not result in such an expenditure, (c) Definitions. The following ENVIRONMENTAL PROTECTION
we do discuss the effects of this rule definitions apply to this section: AGENCY
elsewhere in this preamble. (1) The term ‘‘designated
representative’’ means any Coast Guard 40 CFR Part 52
F. Environment
commissioned, warrant or petty officer
We have analyzed this rule under of the U.S. Coast Guard who has been [EPA–R03–OAR–2017–0152; FRL–9980–
Department of Homeland Security designated by the Captain of the Port, 62—Region 3]
Directive 023–01 and Commandant Prince William Sound, to act on his or
Instruction M16475.1D, which guide the Approval and Promulgation of Air
her behalf.
Coast Guard in complying with the (2) The term ‘‘official patrol vessel’’ Quality Implementation Plans;
National Environmental Policy Act of may consist of any Coast Guard, Coast Delaware; Interstate Transport
amozie on DSK3GDR082PROD with RULES
1969 (42 U.S.C. 4321–4370f), and have Guard Auxiliary, state, or local law Requirements for the 2012 Fine
determined that this action is one of a enforcement vessels assigned or Particulate Matter Standard
category of actions that do not approved by the COTP, Prince William AGENCY: Environmental Protection
individually or cumulatively have a Sound. Agency (EPA).
significant effect on the human (3) The term ‘‘AMHS vessel’’ means
ACTION: Final rule.
environment. This rule involves the any vessel owned or operated by the
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• does not provide EPA with the required information to the U.S. Senate, List of Subjects in 40 CFR Part 52
discretionary authority to address, as the U.S. House of Representatives, and
Environmental protection, Air
appropriate, disproportionate human the Comptroller General of the United pollution control, Incorporation by
health or environmental effects, using States prior to publication of the rule in reference, Particulate matter.
practicable and legally permissible the Federal Register. A major rule
methods, under Executive Order 12898 cannot take effect until 60 days after it Dated: June 19, 2018.
(59 FR 7629, February 16, 1994). is published in the Federal Register. Cosmo Servidio,
In addition, this rule does not have This action is not a ‘‘major rule’’ as Regional Administrator, Region III.
tribal implications as specified by defined by 5 U.S.C. 804(2). 40 CFR part 52 is amended as follows:
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is C. Petitions for Judicial Review
PART 52—APPROVAL AND
not approved to apply in Indian country PROMULGATION OF
Under section 307(b)(1) of the CAA,
located in the state, and EPA notes that IMPLEMENTATION PLANS
it will not impose substantial direct petitions for judicial review of this
costs on tribal governments or preempt action must be filed in the United States
■ 1. The authority citation for part 52
tribal law. Court of Appeals for the appropriate
continues to read as follows:
circuit by September 10, 2018. Filing a
B. Submission to Congress and the petition for reconsideration by the Authority: 42 U.S.C. 7401 et seq.
Comptroller General Administrator of this final rule does not
Subpart I—Delaware
The Congressional Review Act, 5 affect the finality of this action for the
U.S.C. 801 et seq., as added by the Small purposes of judicial review nor does it ■ 2. In § 52.420, the table in paragraph
Business Regulatory Enforcement extend the time within which a petition (e) is amended by adding a second entry
Fairness Act of 1996, generally provides for judicial review may be filed, and for Section 110(a)(2) Infrastructure
that before a rule may take effect, the shall not postpone the effectiveness of Requirements for the 2012 PM2.5
agency promulgating the rule must such rule or action. This action, NAAQS after the first entry. The revised
submit a rule report, which includes a addressing Delaware’s interstate text reads as follows:
copy of the rule, to each House of the transport for the 2012 PM2.5 NAAQS,
Congress and to the Comptroller General may not be challenged later in § 52.470 Identification of plan.
of the United States. EPA will submit a proceedings to enforce its requirements. * * * * *
report containing this action and other (See section 307(b)(2).) (e) * * *
Applicable State EPA
Name of non-regulatory SIP revision geographic submittal approval Additional explanation
area date date
* * * * * * *
Section 110(a)(2) Infrastructure Require- Statewide .......... 12/14/2015 7/12/2018, [Insert Docket 2017–0152. This action address-
ments for the 2012 PM2.5 NAAQS. Federal Register es the infrastructure element of CAA
citation]. section 110(a)(2)(D)(i)(I).
* * * * * * *
[FR Doc. 2018–14838 Filed 7–11–18; 8:45 am] (SIP). This revision concerns emissions www.regulations.gov, or please contact
BILLING CODE 6560–50–P of volatile organic compounds (VOCs) the person identified in the FOR FURTHER
from architectural coatings. We are INFORMATION CONTACT section for
approving a local rule that regulates additional availability information.
ENVIRONMENTAL PROTECTION these emission sources under the Clean
AGENCY Air Act (CAA or the Act). FOR FURTHER INFORMATION CONTACT:
Arnold Lazarus, EPA Region IX, (415)
DATES: This rule is effective on August
40 CFR Part 52 972–3024, Lazarus.Arnold@epa.gov.
13, 2018.
[EPA–R09–OAR–2018–0104; FRL–9980– ADDRESSES: The EPA has established a SUPPLEMENTARY INFORMATION:
43—Region 9] Throughout this document, ‘‘we,’’ ‘‘us’’
docket for this action under Docket ID
No. EPA–R09–OAR–2018–0104. All and ‘‘our’’ refer to the EPA.
Approval of California Air Plan
Revisions, Yolo-Solano Air Quality documents in the docket are listed on Table of Contents
Management District the http://www.regulations.gov website.
Although listed in the index, some I. Proposed Action
AGENCY: Environmental Protection information is not publicly available, II. Public Comments and EPA Responses
Agency (EPA). e.g., Confidential Business Information III. EPA Action
ACTION: Final rule. (CBI) or other information whose IV. Incorporation by Reference
disclosure is restricted by statute. V. Statutory and Executive Order Reviews
amozie on DSK3GDR082PROD with RULES
SUMMARY: The Environmental Protection Certain other material, such as I. Proposed Action
Agency (EPA) is taking final action to copyrighted material, is not placed on
approve a revision to the Yolo-Solano the internet and will be publicly On May 3, 2018 (83 FR 19495), the
Air Quality Management District available only in hard copy form. EPA proposed to approve the following
(YSAQMD or ‘‘District’’) portion of the Publicly available docket materials are rule into the California SIP.
California State Implementation Plan available through http://
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Document Created: 2018-11-06 10:22:12
Document Modified: 2018-11-06 10:22:12
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on August 13, 2018. | |
| Contact | Joseph Schulingkamp, (215) 814-2021, or by email at [email protected] | |
| FR Citation | 83 FR 32209 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference and Particulate Matter |
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