83 FR 50012 - Approval and Promulgation of Air Quality Implementation Plans; Delaware; Update to Materials Incorporated by Reference
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 193 (October 4, 2018)
Federal Register Volume 83, Issue 193 (October 4, 2018)
| Page Range | 50012-50014 | |
| FR Document | 2018-21472 |
[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)] [Rules and Regulations] [Pages 50012-50014] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21472] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [DE105-1105; FRL-9983-49-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Delaware; Update to Materials Incorporated by Reference AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule; administrative change. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the Delaware State implementation plan (SIP). The regulations affected by this update have been previously submitted by the Delaware Department of Natural Resources and Environmental Control (DNREC) and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA) and the EPA Regional Office. DATES: This action is effective October 4, 2018. ADDRESSES: SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; and the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. EPA requests that you email the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Erin Trouba, (215) 814-2023 or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background Each State has a SIP containing the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS). The SIP is extensive, containing such elements as air pollution control regulations, emission inventories, monitoring networks, attainment demonstrations, and enforcement mechanisms. Each State must formally adopt the control measures and strategies in the SIP after the public has had an opportunity to comment on them and then submit the proposed SIP revisions to EPA. Once these control measures and strategies are approved by EPA, and after notice and comment, they are incorporated into the federally-approved SIP and are identified in part 52 ``Approval and Promulgation of Implementation Plans,'' title 40 of the Code of Federal Regulations (40 CFR part 52). The full text of the State regulation approved by EPA is not reproduced in its entirety in 40 CFR part 52, but is ``incorporated by reference.'' This means that EPA has approved a given State regulation with a specific effective date. The public is referred to the location of the full text version should they want to know which measures are contained in a given SIP. The information provided allows EPA and the public to monitor the extent to which a State implements a SIP to attain and maintain the NAAQS and to take enforcement action if necessary. The SIP is a living document which a State revises as necessary to address its unique air pollution problems. Therefore, EPA, from time to time, must take action on SIP revisions containing new and/or revised regulations as being part of the SIP. On May 22, 1997 (62 FR 27968), EPA revised the procedures for incorporating by reference federally- approved SIPs, as a result of consultations between EPA and the Office of the Federal Register (OFR). The description of the revised SIP document, IBR procedures and ``Identification of plan'' format are discussed in further detail in the May 22, 1997 Federal Register document. On December 7, 1998 (63 FR 67407), EPA published a document in the Federal Register beginning the new IBR procedure for Delaware. On June 21, 2004 (69 FR 34285), April 3, 2007 (72 FR 15839), April 17, 2009 (74 FR 17771), May 2, 2011 (76 FR 24372), September 24, 2013 (78 FR 58465), and May 30, 2017 (82 FR 24529) EPA published updates to the IBR material for Delaware. [[Page 50013]] Since the publication of the last IBR update, EPA has not made any regulatory changes to paragraph (c) of the Delaware SIP. However, in paragraph (c), EPA is correcting the title in section 1112 to read, Control of Nitrogen Oxides Emissions. In paragraph (d) of the Delaware SIP, source specific requirements, EPA incorporated a Secretary's Order for Delaware City Refining and removed Secretary's orders for SPI Polyols, Inc. and General Chemical Corporation. A. Added Regulations In paragraph (d) of the Delaware SIP, source specific requirements, EPA incorporated a Secretary's Order for Delaware City Refining. B. Revised Regulations None. C. Removed Regulations In paragraph (d) of the Delaware SIP, source specific requirements, EPA removed Secretary's orders for SPI Polyols, Inc. and General Chemical Corporation. II. EPA Action In this action, EPA is announcing the update to the IBR material as of May 25, 2018 and revising the text within 40 CFR 52.420(b), (c), and (d). III. Good Cause Exemption EPA has determined that this rule falls under the ``good cause'' exemption in section 553(b)(3)(B) of the Administrative Procedures Act (APA) which, upon finding ``good cause,'' authorizes agencies to dispense with public participation and section 553(d)(3) which allows an agency to make a rule effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). This rule simply codifies provisions which are already in effect as a matter of law in Federal and approved State programs. Under section 553 of the APA, an agency may find good cause where procedures are ``impractical, unnecessary, or contrary to the public interest.'' Public comment is ``unnecessary'' and ``contrary to the public interest'' since the codification only reflects existing law. Immediate notice in the CFR benefits the public by removing outdated citations and incorrect table entries. IV. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of previously EPA approved regulations promulgated by the State of Delaware and federally effective prior to May 25, 2018. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region III Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). V. Statutory and Executive Order Reviews A. General Requirements Under the Clean Air Act (CAA), the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve State choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive 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 rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review EPA has also determined that the provisions of section 307(b)(1) of the CAA pertaining to petitions for judicial review are not applicable to this action. Prior EPA rulemaking actions for each individual component of the Delaware SIP compilations had previously afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. Thus, EPA sees no need in this action to reopen the 60-day period for filing such petitions for judicial review for this ``Identification of plan'' update action for Delaware. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. [[Page 50014]] Dated: August 21, 2018. Cecil Rodrigues, Acting Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority for citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart I: Delaware 0 2. Section 52.420 is amended by: 0 a. Revising paragraph (b). 0 b. In paragraph (c), revising the table heading for section 1112. The revisions read as follows: Sec. 52.420 Identification of plan. * * * * * (b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to May 25, 2018, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Entries in paragraphs (c) and (d) of this section with the EPA approval dates after May 25, 2018 for the State of Delaware have been approved by EPA for inclusion in the State implementation plan and for incorporation by reference into the plan as it is contained in this section, and will be considered by the Director of the Federal Register for approval in the next update to the SIP compilation. (2) EPA Region III certifies that the materials provided by EPA at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State implementation plan as of the dates referenced in paragraph (b)(1) of this section. (3) Copies of the materials incorporated by reference into the State implementation plan may be inspected at the Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. To obtain the material, please call the Regional Office at (215) 814-3376. You may also inspect the material with an EPA approval date prior to May 25, 2018 for the State of Delaware at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. (c) * * * EPA-Approved Regulations and Statutes in the Delaware SIP -------------------------------------------------------------------------------------------------------------------------------------------------------- State State citation (7 DNREC 1100) Title/subject effective date EPA approval date Additional explanation/ citation -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- 1112 Control of Nitrogen Oxides Emissions -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-21472 Filed 10-3-18; 8:45 am] BILLING CODE 6560-50-P
![50012 Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Rules and Regulations
plan’’ update action for the District of may also inspect the material with an I. Background
Columbia. EPA approval date prior to July 1, 2016
for the District of Columbia at the Each State has a SIP containing the
List of Subjects in 40 CFR Part 52 control measures and strategies used to
National Archives and Records
Environmental protection, Air Administration (NARA). For attain and maintain the national
pollution control, Carbon monoxide, information on the availability of this ambient air quality standards (NAAQS).
Incorporation by reference, material at NARA, go to: http:// The SIP is extensive, containing such
Intergovernmental relations, Lead, www.archives.gov/federal-register/cfr/ elements as air pollution control
Nitrogen dioxide, Ozone, Particulate ibr-locations.html. regulations, emission inventories,
matter, Reporting and recordkeeping monitoring networks, attainment
* * * * *
requirements, Sulfur oxides, Volatile [FR Doc. 2018–21471 Filed 10–3–18; 8:45 am]
demonstrations, and enforcement
organic compounds. mechanisms.
BILLING CODE 6560–50–P
Dated: August 27, 2018. Each State must formally adopt the
Cecil Rodrigues, control measures and strategies in the
Acting Regional Administrator, Region III. ENVIRONMENTAL PROTECTION SIP after the public has had an
AGENCY opportunity to comment on them and
40 CFR part 52 is amended as follows:
then submit the proposed SIP revisions
PART 52—APPROVAL AND 40 CFR Part 52 to EPA. Once these control measures
PROMULGATION OF and strategies are approved by EPA, and
IMPLEMENTATION PLANS [DE105–1105; FRL–9983–49–Region 3] after notice and comment, they are
incorporated into the federally-
■ 1. The authority for citation for part 52 Approval and Promulgation of Air approved SIP and are identified in part
continues to read as follows: Quality Implementation Plans; 52 ‘‘Approval and Promulgation of
Authority: 42 U.S.C. 7401 et seq. Delaware; Update to Materials Implementation Plans,’’ title 40 of the
Incorporated by Reference Code of Federal Regulations (40 CFR
Subpart J—District of Columbia part 52). The full text of the State
AGENCY: Environmental Protection
regulation approved by EPA is not
■ 2. Section 52.470 is amended by Agency (EPA).
reproduced in its entirety in 40 CFR part
revising paragraph (b) to read as follows: ACTION: Final rule; administrative 52, but is ‘‘incorporated by reference.’’
change. This means that EPA has approved a
§ 52.470 Identification of plan.
given State regulation with a specific
* * * * * SUMMARY: The Environmental Protection
effective date. The public is referred to
(b) Incorporation by reference. (1) Agency (EPA) is updating the materials
the location of the full text version
Material listed in paragraphs (c) and (d) that are incorporated by reference (IBR)
of this section with an EPA approval should they want to know which
into the Delaware State implementation
date prior to May 14, 2018, was measures are contained in a given SIP.
plan (SIP). The regulations affected by
approved for incorporation by reference The information provided allows EPA
this update have been previously
by the Director of the Federal Register and the public to monitor the extent to
submitted by the Delaware Department
in accordance with 5 U.S.C. 552(a) and which a State implements a SIP to attain
of Natural Resources and Environmental
1 CFR part 51. Material is incorporated and maintain the NAAQS and to take
Control (DNREC) and approved by EPA.
as it exists on the date of approval, and enforcement action if necessary.
This update affects the SIP materials
notice of any change in the material will that are available for public inspection The SIP is a living document which
be published in the Federal Register. at the National Archives and Records a State revises as necessary to address
Entries in paragraphs (c) and (d) of this Administration (NARA) and the EPA its unique air pollution problems.
section with the EPA approval dates Regional Office. Therefore, EPA, from time to time, must
after May 14, 2018 for the District of DATES: This action is effective October
take action on SIP revisions containing
Columbia, will be incorporated by 4, 2018. new and/or revised regulations as being
reference in the next update to the SIP part of the SIP. On May 22, 1997 (62 FR
ADDRESSES: SIP materials which are
compilation. 27968), EPA revised the procedures for
incorporated by reference into 40 CFR incorporating by reference federally-
(2) EPA Region III certifies that the
part 52 are available for inspection at approved SIPs, as a result of
materials provided by EPA at the
the following locations: Air Protection consultations between EPA and the
addresses in paragraph (b)(3) of this
Division, U.S. Environmental Protection Office of the Federal Register (OFR). The
section are an exact duplicate of the
Agency, Region III, 1650 Arch Street, description of the revised SIP
officially promulgated State rules/
Philadelphia, Pennsylvania 19103; and document, IBR procedures and
regulations which have been approved
the National Archives and Records ‘‘Identification of plan’’ format are
as part of the State implementation plan
Administration (NARA). For discussed in further detail in the May
as of the dates referenced in paragraph
information on the availability of this 22, 1997 Federal Register document. On
(b)(1) of this section. No additional
material at NARA, call 202–741–6030, December 7, 1998 (63 FR 67407), EPA
revisions were made to paragraph (d) of
or go to: http://www.archives.gov/ published a document in the Federal
this section between July 1, 2016 and
federal_register/code_of_federal_ Register beginning the new IBR
May 14, 2018.
(3) Copies of the materials regulations/ibr_locations.html. EPA procedure for Delaware. On June 21,
incorporated by reference into the State requests that you email the contact 2004 (69 FR 34285), April 3, 2007 (72
daltland on DSKBBV9HB2PROD with RULES
implementation plan may be inspected listed in the FOR FURTHER INFORMATION FR 15839), April 17, 2009 (74 FR
CONTACT section.
at the Environmental Protection Agency, 17771), May 2, 2011 (76 FR 24372),
Region III, 1650 Arch Street, FOR FURTHER INFORMATION CONTACT: Erin September 24, 2013 (78 FR 58465), and
Philadelphia, Pennsylvania 19103. To Trouba, (215) 814–2023 or by email at May 30, 2017 (82 FR 24529) EPA
obtain the material, please call the trouba.erin@epa.gov. published updates to the IBR material
Regional Office at (215) 814–3376. You SUPPLEMENTARY INFORMATION: for Delaware.
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![50014 Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Rules and Regulations
Dated: August 21, 2018. (b) Incorporation by reference. (1) regulations which have been approved
Cecil Rodrigues, Material listed in paragraphs (c) and (d) as part of the State implementation plan
Acting Regional Administrator, Region III. of this section with an EPA approval as of the dates referenced in paragraph
date prior to May 25, 2018, was (b)(1) of this section.
40 CFR part 52 is amended as follows:
approved for incorporation by reference (3) Copies of the materials
PART 52—APPROVAL AND by the Director of the Federal Register incorporated by reference into the State
PROMULGATION OF in accordance with 5 U.S.C. 552(a) and implementation plan may be inspected
IMPLEMENTATION PLANS 1 CFR part 51. Entries in paragraphs (c) at the Environmental Protection Agency,
and (d) of this section with the EPA
Region III, 1650 Arch Street,
■ 1. The authority for citation for part 52 approval dates after May 25, 2018 for
Philadelphia, Pennsylvania 19103. To
continues to read as follows: the State of Delaware have been
obtain the material, please call the
approved by EPA for inclusion in the
Authority: 42 U.S.C. 7401 et seq. Regional Office at (215) 814–3376. You
State implementation plan and for
incorporation by reference into the plan may also inspect the material with an
Subpart I: Delaware EPA approval date prior to May 25,
as it is contained in this section, and
will be considered by the Director of the 2018 for the State of Delaware at the
■ 2. Section 52.420 is amended by:
Federal Register for approval in the next National Archives and Records
■ a. Revising paragraph (b).
update to the SIP compilation. Administration (NARA). For
■ b. In paragraph (c), revising the table
(2) EPA Region III certifies that the information on the availability of this
heading for section 1112.
materials provided by EPA at the material at NARA, go to: http://
The revisions read as follows:
addresses in paragraph (b)(3) of this www.archives.gov/federal-register/cfr/
§ 52.420 Identification of plan. section are an exact duplicate of the ibr-locations.html.
* * * * * officially promulgated State rules/ (c) * * *
EPA-APPROVED REGULATIONS AND STATUTES IN THE DELAWARE SIP
Additional
State citation State effective
Title/subject EPA approval date explanation/
(7 DNREC 1100) date citation
* * * * * * *
1112 Control of Nitrogen Oxides Emissions
* * * * * * *
* * * * * also specifically addresses related ADDRESSES: EPA has established a
[FR Doc. 2018–21472 Filed 10–3–18; 8:45 am] requirements for implementation of the docket for this action under Docket
BILLING CODE 6560–50–P following national ambient air quality Identification No. EPA–R04–OAR–
standards (NAAQS): 2008 8-hour 2017–0546. All documents in the docket
Ozone, 2008 Lead, 2010 Nitrogen are listed on the www.regulations.gov
ENVIRONMENTAL PROTECTION Dioxide (NO2), 2010 Sulfur Dioxide website. Although listed in the index,
AGENCY (SO2), and 1997, 2006 and 2012 fine some information is not publicly
particulate matter (PM2.5). Whenever available, i.e., Confidential Business
40 CFR Part 52 Information or other information whose
EPA promulgates a new or revised
[EPA–R04–OAR–2017–0546; FRL–9984–53– NAAQS, the CAA requires the state to disclosure is restricted by statute.
Region 4] make a new SIP submission establishing Certain other material, such as
that the existing SIP meets the various copyrighted material, is not placed on
Air Plan Approval; MS; Section 128 the internet and will be publicly
applicable requirements, or revising the
Board Requirements for Infrastructure available only in hard copy form.
SIP to meet those requirements. This
SIPs Publicly available docket materials are
type of SIP submission is commonly
AGENCY: Environmental Protection referred to as an ‘‘infrastructure’’ SIP. In available either electronically through
Agency (EPA). this final action, EPA is approving the www.regulations.gov or in hard copy at
ACTION: Final rule. June 26, 2018, submission with respect the Air Regulatory Management Section,
to the CAA requirements applicable to Air Planning and Implementation
SUMMARY: The Environmental Protection state boards; and the related state board Branch, Air, Pesticides and Toxics
Agency (EPA) is taking final action to infrastructure SIP requirements for the Management Division, U.S.
approve a State Implementation Plan 2008 8-hour Ozone, 2008 Lead, 2010 Environmental Protection Agency,
(SIP) submission, submitted by the State NO2, 2010 SO2 and 1997, 2006 and 2012 Region 4, 61 Forsyth Street SW, Atlanta,
of Mississippi, through the Mississippi PM2.5, NAAQS. This action removes Georgia 30303–8960. EPA requests that
Department of Environmental Quality if at all possible, you contact the person
daltland on DSKBBV9HB2PROD with RULES
EPA’s obligation to promulgate a
(MDEQ), on June 26, 2018. This SIP Federal Implementation Plan (FIP) to
listed in the FOR FURTHER INFORMATION
submission addresses specific Clean Air CONTACT section to schedule your
address these CAA state board
Act (CAA or Act) requirements inspection. The Regional Office’s
requirements for Mississippi.
applicable to Mississippi state boards or official hours of business are Monday
bodies that approve CAA permits or This rule will be effective
DATES: through Friday 8:30 a.m. to 4:30 p.m.,
enforcement orders. This submission November 5, 2018. excluding Federal holidays.
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Document Created: 2018-10-04 02:03:06
Document Modified: 2018-10-04 02:03:06
| 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; administrative change. | |
| Dates | This action is effective October 4, 2018. | |
| Contact | Erin Trouba, (215) 814-2023 or by email at [email protected] | |
| FR Citation | 83 FR 50012 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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