[Federal Register Volume 84, Number 76 (Friday, April 19, 2019)]
[Proposed Rules]
[Pages 16426-16430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07714]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2019-0010; FRL-9992-44-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Nonattainment New Source Review Requirements for 2008 8-Hour 
Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to Delaware's state implementation plan (SIP). The 
SIP revision is in response to EPA's February 3, 2017 Findings of 
Failure to

[[Page 16427]]

Submit for various requirements relating to the 2008 8-hour ozone 
national ambient air quality standards (NAAQS). This SIP revision is 
specific to nonattainment new source review (NNSR) requirements. EPA is 
approving this revision in accordance with the requirements of the 
Clean Air Act (CAA).

DATES: Written comments must be received on or before May 20, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2019-0010 at https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Amy Johansen, Office of Permits and 
State Programs (3AP10), Air Protection Division, U.S. Environmental 
Protection Agency, Region 3, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. The telephone number is (215)814-2156. Ms. Johansen 
can also be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On June 29, 2018, the Department of Natural Resources and 
Environmental Control (DNREC) submitted on behalf of the state of 
Delaware a formal SIP revision, requesting EPA's approval of its NNSR 
Certification for the 2008 8-hour ozone NAAQS. This SIP revision is in 
response to EPA's final 2008 8-hour ozone NAAQS Findings of Failure to 
Submit for NNSR requirements. See 82 FR 9158 (February 3, 2017). 
Specifically, Delaware is certifying that its existing NNSR program, 
covering the Delaware portion of the Philadelphia-Wilmington-Atlantic 
City, PA-NJ-MD-DE (Philadelphia Area) nonattainment area (which 
includes New Castle County) and the entire Seaford, DE (Seaford Area) 
nonattainment area (which includes Sussex County) for the 2008 8-hour 
ozone NAAQS, is at least as stringent as the requirements at 40 CFR 
51.165, as amended by the final rule titled ``Implementation of the 
2008 National Ambient Air Quality Standards for Ozone: State 
Implementation Plan Requirements'' (SIP Requirements Rule), for ozone 
and its precursors.1 2 See 80 FR 12264 (March 6, 2015).
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    \1\ The SIP Requirements Rule addresses a range of nonattainment 
area SIP requirements for the 2008 8-hour ozone NAAQS, including 
requirements pertaining to attainment demonstrations, reasonable 
further progress (RFP), reasonably available control technology, 
reasonably available control measures, major new source review, 
emission inventories, and the timing of SIP submissions and of 
compliance with emission control measures in the SIP. The rule also 
revokes the 1997 ozone NAAQS and establishes anti-backsliding 
requirements.
    \2\ On February 16, 2018, the United States Court of Appeals for 
the District of Columbia Circuit (D.C. Cir. Court or Court) issued 
an opinion on the EPA's SIP Requirements Rule. South Coast Air 
Quality Mgmt. Dist. v. EPA, 882 F.3d 1138, 2018 U.S. App. LEXIS 3636 
(D.C. Cir. February 16, 2018). The D.C. Cir. Court found certain 
provisions from the SIP Requirements Rule, including certain 
provisions relating to anti-backsliding, to be inconsistent with the 
statute or unreasonable and vacated those provisions. Id. The Court 
found other parts of the SIP Requirements Rule unrelated to anti-
backsliding and this action reasonable and denied the petition for 
appeal on those provisions. Id.
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A. 2008 8-Hour Ozone NAAQS

    On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under 
EPA's regulations at 40 CFR 50.15, the 2008 8-hour ozone NAAQS is 
attained when the three-year average of the annual fourth-highest daily 
maximum 8-hour average ambient air quality ozone concentration is less 
than or equal to 0.075 ppm.
    Upon promulgation of a new or revised NAAQS, the CAA requires EPA 
to designate as nonattainment any area that is violating the NAAQS 
based on the three most recent years of ambient air quality data at the 
conclusion of the designation process. The Seaford and Philadelphia 
Areas were classified as marginal nonattainment for the 2008 8-hour 
ozone NAAQS on May 21, 2012 (effective July 20, 2012) using 2008-2010 
ambient air quality data. See 77 FR 30088. On March 6, 2015, EPA issued 
the final SIP Requirements Rule, which establishes the requirements 
that state, tribal, and local air quality management agencies must meet 
as they develop implementation plans for areas where air quality 
exceeds the 2008 8-hour ozone NAAQS. See 80 FR 12264. Areas that were 
designated as marginal ozone nonattainment areas were required to 
attain the 2008 8-hour ozone NAAQS no later than July 20, 2015, based 
on 2012-2014 monitoring data. See 40 CFR 51.1103. The Seaford Area 
attained the 2008 8-hour ozone NAAQS by July 20, 2015 and the EPA 
Administrator signed a final Determination of Attainment (DOA) on April 
11, 2016. See 81 FR 26697 (May 4, 2016). The Philadelphia Area did not 
attain the 2008 8-hour ozone NAAQS by July 20, 2015; however, the area 
did meet the CAA section 181(a)(5) criteria, as interpreted in 40 CFR 
51.1107, for a one-year attainment date extension. Id. Therefore, in 
same rulemaking action, the EPA Administrator signed a final rule 
extending the Philadelphia Area 8-hour ozone NAAQS attainment date from 
July 20, 2015 to July 20, 2016. Id.\3\
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    \3\ On November 2, 2017, EPA approved a DOA for the 2008 8-hour 
ozone NAAQS for Philadelphia Area. This action was based on 
complete, certified, and quality assured ambient air quality 
monitoring data for the 2013-2015 monitoring period. See 82 FR 
50814. It should be noted that a DOA does not alleviate the need for 
Delaware to certify that their existing SIP approved NNSR program is 
as stringent as the requirements at 40 CFR 51.165, as NNSR applies 
in nonattainment areas until an area has been redesignated to 
attainment.
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    Based on initial nonattainment designations for the 2008 8-hour 
ozone NAAQS, as well as the March 6, 2015 final SIP Requirements Rule, 
Delaware was required to develop a SIP revision addressing certain CAA 
requirements for the Seaford and Philadelphia Areas, and submit to EPA 
a NNSR Certification SIP or SIP revision no later than 36 months after 
the effective date of the areas designations for the 2008 8-hour ozone 
NAAQS (i.e., July 20, 2015).\4\ See 80 FR 12264 (March 6, 2015). EPA is 
proposing to approve Delaware's June 29, 2018 NNSR Certification SIP 
revision. EPA's analysis of how this SIP revision addresses the NNSR 
requirements for the 2008 8-hour ozone NAAQS is provided in Section II 
of this rulemaking action.
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    \4\ Neither Delaware's obligation to submit the NNSR 
Certification SIP nor the requirements governing that submission 
were affected by the D.C. Circuit's February 16, 2018 decision on 
portions of the SIP Requirements Rule in South Coast Air Quality 
Mgmt. Dist. v. EPA.
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B. 2017 Findings of Failure To Submit SIP for the 2008 8-Hour Ozone 
NAAQS

    Areas designated nonattainment for the ozone NAAQS are subject to 
the general nonattainment area planning

[[Page 16428]]

requirements of CAA section 172 and also to the ozone-specific planning 
requirements of CAA section 182.\5\ States in the ozone transport 
region (OTR), such as Delaware, are additionally subject to the 
requirements outlined in CAA section 184.
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    \5\ Ozone nonattainment areas are classified based on the 
severity of their ozone levels (as determined based on the area's 
``design value,'' which represents air quality in the area for the 
most recent three years). The possible classifications for ozone 
nonattainment areas are Marginal, Moderate, Serious, Severe, and 
Extreme. See CAA section 181(a)(1).
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    Ozone nonattainment areas in the lower classification levels have 
fewer and/or less stringent mandatory air quality planning and control 
requirements than those in higher classifications. For marginal areas, 
such as the Seaford and Philadelphia Areas, a state is required to 
submit a baseline emissions inventory, adopt a SIP requiring emissions 
statements from stationary sources, and implement a NNSR program for 
the relevant ozone standard. See CAA section 182(a).\6\ For each higher 
ozone nonattainment classification, a state needs to comply with all 
lower area classification requirements, plus additional emissions 
controls and more expansive NNSR offset requirements.
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    \6\ EPA approved Delaware's 2011 base year inventories for both 
the Seaford and Philadelphia Areas (specifically, Sussex and New 
Castle County, Delaware). See 80 FR 59052 (October 1, 2015). 
Delaware also submitted their emissions statements certification to 
EPA for approval on June 29, 2018. EPA is addressing the emissions 
statements certification in a separate rulemaking action.
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    The CAA sets out specific requirements for states in the OTR.\7\ 
Upon promulgation of the 2008 8-hour ozone NAAQS, states in the OTR 
were required to submit a SIP revision addressing reasonable available 
control technology (RACT). See 40 CFR 51.1116. This requirement is the 
only recurring obligation for an OTR state upon revision of a NAAQS, 
unless that state also contains some portion of a nonattainment area 
for the revised NAAQS.\8\ In that case, the nonattainment requirements 
described previously also apply to those portions of that state 
(Delaware in this case). In the March 6, 2015 SIP Requirements Rule, 
EPA detailed the requirements applicable to ozone nonattainment areas, 
as well as requirements that apply in the OTR, and provided specific 
deadlines for SIP submittals. See 80 FR 12264.
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    \7\ CAA section 184 details specific requirements for a group of 
states (and the District of Columbia) that make up the OTR. States 
in the OTR are required to submit RACT SIP revisions and mandate a 
certain level of emissions control for the pollutants that form 
ozone, even if the areas in the state meet the ozone standards. 
While not the subject of this action, EPA approved Delaware's OTR 
RACT SIP. See 82 FR 57849 (December 8, 2017).
    \8\ NNSR requirements continue to apply in the OTR. See CAA 
section 184(b).
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    On February 3, 2017, EPA found that 15 states and the District of 
Columbia failed to submit SIP revisions in a timely manner to satisfy 
certain requirements for the 2008 8-hour ozone NAAQS that apply to 
nonattainment areas and/or states in the OTR. See 82 FR 9158. These 
Findings of Failure to Submit established certain deadlines for the 
imposition of sanctions, if a state does not submit a timely SIP 
revision addressing the requirements for which the finding is being 
made, and for EPA to promulgate a Federal implementation plan (FIP) to 
address any outstanding SIP requirements.
    EPA found, inter alia, that Delaware failed to submit SIP revisions 
in a timely manner to satisfy NNSR requirements for the Seaford and 
Philadelphia Areas. Delaware submitted its June 29, 2018 SIP revision 
to address the specific NNSR requirements for the 2008 8-hour ozone 
NAAQS, located in 40 CFR 51.160-165, as well as its obligations under 
EPA's February 3, 2017 Findings of Failure to Submit. EPA's analysis of 
how this SIP revision addresses the NNSR requirements for the 2008 8-
hour ozone NAAQS and the Findings of Failure to Submit is provided in 
Section II of this rulemaking action.

II. Summary of SIP Revision and EPA Analysis

    This rulemaking action is specific to Delaware's NNSR requirements. 
NNSR is a preconstruction review permit program that applies to new 
major stationary sources or major modifications at existing sources 
located in a nonattainment area.\9\ The specific NNSR requirements for 
the 2008 8-hour ozone NAAQS are located in 40 CFR 51.160 through 
51.165. As set forth in the SIP Requirements Rule, for each 
nonattainment area, a NNSR plan or plan revision was due no later than 
36 months after the July 20, 2012 effective date of area designations 
for the 2008 8-hour ozone standard (i.e., July 20, 2015).\10\
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    \9\ See CAA sections 172(c)(5), 173 and 182.
    \10\ With respect to states with nonattainment areas subject to 
a Findings of Failure to Submit NNSR SIP revisions, such revisions 
would no longer be required if the area were redesignated to 
attainment. The CAA's prevention of significant deterioration (PSD) 
program requirements apply in lieu of NNSR after an area is 
redesignated to attainment. For areas outside the OTR, NNSR 
requirements do not apply in areas designated as attainment.
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    The minimum SIP requirements for NNSR permitting programs for the 
2008 8-hour ozone NAAQS are located in 40 CFR 51.165. See 40 CFR 
51.1114. These NNSR program requirements include those promulgated in 
the ``Phase 2 Rule'' implementing the 1997 8-hour ozone NAAQS (75 FR 
71018 (November 29, 2005)) and the SIP Requirements Rule implementing 
the 2008 8-hour ozone NAAQS. Under the Phase 2 Rule, the SIP for each 
ozone nonattainment area must contain NNSR provisions that: Set major 
source thresholds for oxides of nitrogen (NOX) and volatile 
organic compounds (VOC) pursuant to 40 CFR 51.165(a)(1)(iv)(A)(1)(i)-
(iv) and (2); classify physical changes as a major source if the change 
would constitute a major source by itself pursuant to 40 CFR 
51.165(a)(1)(iv)(A)(3); consider any significant net emissions increase 
of NOX as a significant net emissions increase for ozone 
pursuant to 40 CFR 51.165(a)(1)(v)(E); consider certain increases of 
VOC emissions in extreme ozone nonattainment areas as a significant net 
emissions increase and a major modification for ozone pursuant to 40 
CFR 51.165(a)(1)(v)(F); set significant emissions rates for VOC and 
NOX as ozone precursors pursuant to 40 CFR 
51.165(a)(1)(x)(A)-(C) and (E); contain provisions for emissions 
reductions credits pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1)-(2); 
provide that the requirements applicable to VOC also apply to 
NOX pursuant to 40 CFR 51.165(a)(8); and set offset ratios 
for VOC and NOX pursuant to 40 CFR 51.165(a)(9)(i)-(iii) 
(renumbered as (a)(9)(ii)-(iv) under the SIP Requirements Rule for the 
2008 8-hour ozone NAAQS). Under the SIP Requirements Rule for the 2008 
8-hour ozone NAAQS, the SIP for each ozone nonattainment area 
designated nonattainment for the 2008 8-hour ozone NAAQS and designated 
nonattainment for the 1997 ozone NAAQS on April 6, 2015, must also 
contain NNSR provisions that include the anti-backsliding requirements 
at 40 CFR 51.1105. See 40 CFR 51.165(a)(12).
    Delaware's SIP approved NNSR program, established in Title 7 
Delaware Administrative Code (DE Admin Code) 1125 (Requirements for 
Preconstruction Review), apply to the construction and modification of 
major stationary sources in nonattainment areas. In its June 29, 2018 
SIP revision, Delaware certifies that the version of Title 7 DE Admin 
Code Section 1125 approved in the SIP is at least as stringent as the 
Federal NNSR requirements for the Seaford and Philadelphia Areas. EPA 
last approved revisions to Delaware's NNSR SIP on February 28, 2013. 
See 78 FR 13496. In that action, EPA approved revisions to Delaware's 
SIP which made DNREC's

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NNSR program consistent with Federal requirements. Id. EPA notes that 
neither 7 DE Admin Code 1125 nor Delaware's approved SIP have the 
regulatory provision for any emissions change of VOC in extreme 
nonattainment areas, specified in 40 CFR 51.165(a)(1)(v)(F), because 
Delaware has never had an area designated extreme nonattainment for any 
of the ozone NAAQS. Therefore, the Delaware SIP is not required to have 
this requirement for VOC in extreme nonattainment areas until such time 
as Delaware has an extreme ozone nonattainment area.
    As for consistency with 40 CFR 51.165(a)(3)(ii)(C)(1), Delaware's 
approved SIP contains appropriate regulatory provisions establishing 
emissions reduction credits (ERC) that are permanent, quantifiable, and 
Federally enforceable.\11\ See 7 DE Admin Code 1125 Section 2.5.1. 
However, neither 7 DE Admin Code 1125 nor Delaware's approved SIP 
contain a regulatory provision pertaining to establishing ERC, as 
specified in 40 CFR 51.165(a)(3)(ii)(C)(2)(i) and 40 CFR 
51.165(a)(3)(ii)(C)(2)(ii). Nonetheless, even if Delaware's regulations 
do not offer these specific emissions reductions credit options, as 
stated previously, their approved SIP is still adequate to meet the 
standard ERC requirements found in 40 CFR 51.165(a)(3)(ii)(C)(1), where 
emissions reductions must be surplus, permanent, quantifiable, and 
Federally enforceable, for example. See 7 DE Admin Code 1125, Section 
2.5.1. Delaware has the appropriate ERC requirements approved in their 
SIP, which enables them to implement the program appropriately and in 
accordance with Federal requirements.
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    \11\ On October 20, 2016, EPA disapproved a proposed SIP 
revision that sought to include additional ERC provisions, adopted 
by Delaware on December 11, 2016, into the Delaware SIP, 
specifically, 7 DE Admin Code 1125 Sections 2.5.5 and 2.5.6. See 81 
FR 72529. Since EPA disapproved these provisions, the previously 
approved provisions that EPA approved into Delaware's SIP on October 
2, 2012 remain applicable Federal requirements. See 77 FR 60053.
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    Given the D.C. Cir. Court's recent ruling in South Coast Air 
Quality Mgmt. Dist. v. EPA vacating the anti-backsliding provisions of 
the SIP Requirements Rule, Delaware remains required to comply with the 
anti-backsliding provisions found in 40 CFR 51.165(a)(12). In Delaware, 
neither 7 DE Admin Code 1125 nor the Delaware SIP contain the anti-
backsliding language found in 40 CFR 51.165(a)(12), which applied to 
NNSR requirements for the 1997 ozone NAAQS. However, EPA finds that 7 
DE Admin Code 1125 and Delaware's SIP presently include all required 
major stationary source thresholds and emissions offset ratios for NSR 
purposes.
    The entire state of Delaware is located within the OTR and any 
source in the OTR is considered major for NOX and VOC if it 
emits or has the potential to emit at least 100 tons per year or 50 
tons per year, respectively. See CAA section 184(b). This major 
stationary source threshold requirement is specified in 7 DE Admin Code 
1125, Sections 1.9 and 2.2.2.1, as well as Delaware's approved SIP, and 
is equivalent to the requirements which would be applicable to major 
stationary sources in a moderate nonattainment area. On April 30, 2004, 
the Philadelphia Area, which included New Castle, Kent, and Sussex 
Counties, was designated as moderate nonattainment for the 1997 8-hour 
ozone NAAQS. See 69 FR 23951 and 40 CFR 81.308.
    Additionally, in Delaware, the term ``significant'' when used in 
reference to a source's emission rates for NOX and VOC are 
lower than the typical emissions rate for an area that is moderate 
nonattainment. For example, in 7 DE Admin Code 1125 Section 1.9, an 
emissions increase is considered ``significant'' if it equals or 
exceeds 25 tons per year of NOX or VOC in New Castle or Kent 
Counties, which is based on the severe area designation those counties 
had for the prior 1-hour ozone NAAQS and 40 tons per year of 
NOX or VOC in Sussex County.\12\ Therefore, EPA finds that 
Delaware's regulations and approved SIP are more stringent than EPA's 
NNSR anti-backsliding requirements and its program is adequate to 
implement NNSR for the 2008 ozone NAAQS. Delaware's major stationary 
source threshold and offset provisions in 7 DE Admin Code 1125 remain 
in its Federally-approved SIP unless and until EPA approves a full 
NAAQS redesignation request from Delaware in accordance with CAA 
section 107. Thus, EPA finds that Delaware's SIP includes relevant and 
required anti-backsliding requirements. EPA expects that DNREC will 
continue to implement its NNSR program consistent with its approved SIP 
for major stationary source thresholds and emission offset ratios.
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    \12\ As identified previously in Section I.A. in this 
rulemaking, the Seaford and Philadelphia Areas are classified as 
marginal nonattainment for the 2008 8-hour ozone NAAQS, a 
classification imposes less stringent requirements than an area 
classified as moderate nonattainment.
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    The version of 7 DE Admin Code 1125 that is contained in the 
current SIP has not changed, with respect to NNSR since the 2013 
rulemaking where EPA last approved Delaware's NNSR provisions. This 
version of the SIP approved rule covers the Seaford and Philadelphia 
Areas and remains adequate to meet all applicable NNSR requirements for 
the 2008 8-hour ozone NAAQS found in 40 CFR 51.165, the Phase 2 Rule 
and the SIP Requirements Rule.

III. Proposed Action

    EPA is proposing to approve Delaware's June 29, 2018 SIP revision 
addressing the NNSR requirements for the 2008 ozone NAAQS for the 
Seaford and Philadelphia Areas. EPA has concluded Delaware's submission 
fulfills the 40 CFR 51.1114 revision requirement, meets the 
requirements of CAA sections 110 and 172 and the minimum SIP 
requirements of 40 CFR 51.165, as well as its obligations under EPA's 
February 3, 2017 Findings of Failure to Submit. See 82 FR 9158. 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

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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, approving Delaware's 2008 8-hour 
ozone NAAQS Certification SIP revision for NNSR 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, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: April 4, 2019.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2019-07714 Filed 4-18-19; 8:45 am]
 BILLING CODE 6560-50-P


