SUPPLEMENTARY INFORMATION:

I. Background

On November 19, 2012 (77 FR 69399), EPA published a notice of proposed rulemaking (NPR) for the State of Delaware. The NPR proposed approval of the 1997 annual PM_2.5 attainment demonstration, analysis of reasonably available control measures (RACM) and reasonably available control technology (RACT), the 2002 base year emissions ( printed page 14021) inventory, contingency measures, and the motor vehicle emission budgets (MVEBs) used for transportation conformity purposes for New Castle County in Delaware. In this final rulemaking action, EPA is only taking final action on the 2002 base year emissions inventory portion of the November 19, 2012 NPR. EPA will be taking separate action on the remainder of the NPR which includes the approval of Delaware's SIP revision for the attainment demonstration, the analysis of RACM/RACT, contingency measures, and MVEBs.

II. Summary of SIP Revision

The PM_2.5 2002 base year emissions inventory submitted by DNREC on April 3, 2008 for the State of Delaware includes emissions estimates that cover the general source categories of point sources, nonroad mobile sources, area sources, onroad mobile sources, and biogenic sources. The pollutants that comprise the inventory are nitrogen oxides (NO_X), volatile organic compounds (VOCs), PM_2.5, coarse particles (PM₁₀), ammonia (NH₃), and sulfur dioxide (SO₂). Discussions of the emissions inventory development as well as the emissions inventory can be found in the April 3, 2008 SIP submittal, a technical support document, and in the NPR available on line at www.regulations.gov, Docket No. EPA-R03-OAR-2010-0141. EPA has reviewed the results, procedures and methodologies for the base year emissions inventory submitted by DNREC. EPA found the process used to develop this emissions inventory for Delaware is adequate and meets the requirements of section 172(c)(3) of the CAA and EPA guidance for emission inventories. Specific requirements of the 2002 base year emissions inventory and the rationale for EPA's action are explained in the NPR and will not be restated here. No public comments were received on the portion of the NPR relating to the 2002 base year emissions inventory.

III. Final Action

EPA is approving the 2002 base year emissions inventory for the 1997 annual PM_2.5 NAAQS as a revision to the Delaware SIP.

IV. 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 underExecutive Order 12866 (58 FR 51735, October 4, 1993);
• 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 inExecutive Order 13132 (64 FR 43255, August 10, 1999);
• Is not an economically significant regulatory action based on health or safety risks subject toExecutive Order 13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action subject toExecutive 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, underExecutive 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 May 3, 2013. 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 pertaining to the Delaware 2002 base year emissions inventory for the 1997 annual PM_2.5 NAAQS may not be challenged later in proceedings to enforce its requirements. ( See section 307(b)(2).)

40 CFR part 52 is amended as follows:

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

2. In § 52.420, the table in paragraph (e) is amended by adding at the end of the table an entry for 2002 Base Year Emissions Inventory for the 1997 annual fine particulate matter (PM _2.5) standard to read as follows:

3. § 52.423 is amended by adding paragraph (c) to read as follows:

78 FR 14020