[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Proposed Rules]
[Pages 22436-22438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10342]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0152; FRL-9978-09-Region 3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
State of Delaware. This revision pertains to the infrastructure 
requirement for interstate transport of pollution with respect to the 
2012 fine

[[Page 22437]]

particulate matter (PM2.5) national ambient air quality 
standards (NAAQS). EPA is proposing approval of this revision in 
accordance with the requirements of the Clean Air Act (CAA).

DATES: Written comments must be received on or before June 14, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0152 at http://www.regulations.gov, or via email to 
[email protected]. 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 [email protected].

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


