[Federal Register Volume 85, Number 27 (Monday, February 10, 2020)]
[Proposed Rules]
[Pages 7494-7496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02505]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2019-0663; FRL-10005-15-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Infrastructure Requirements for the 2015 Ozone Standard and 
Revisions to Modeling Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
rulemaking action on two state implementation plan (SIP) revisions 
submitted by the State of Delaware. Whenever EPA promulgates a new or 
revised National Ambient Air Quality Standard (NAAQS), states are 
required to make a SIP submission showing how the existing approved SIP 
has all the provisions necessary to meet the requirements of the new or 
revised NAAQS, or to add any needed provisions necessary to meet the 
revised NAAQS. The SIP revision is required to address basic program 
elements, including, but not limited to, regulatory structure, 
monitoring, modeling, legal authority, and adequate resources necessary 
to assure attainment and maintenance of the standards. These elements 
are referred to as infrastructure requirements. Delaware has made a 
submittal addressing the infrastructure

[[Page 7495]]

requirements for the 2015 ozone NAAQS and EPA is proposing to approve 
Delaware's SIP revision addressing the infrastructure requirements for 
the 2015 ozone NAAQS in accordance with the requirements of Clean Air 
Act (CAA) section 110(a). EPA is also approving a second submittal from 
Delaware which updates a reference to the current version of EPA's 
modeling guidance.

DATES: Written comments must be received on or before March 11, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2019-0663 at https://www.regulations.gov, or via email to 
spielberger.susan@epa.gov. 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://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Joseph Schulingkamp, Planning & 
Implementation Branch (3AD30), Air & Radiation Division, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2021. Mr. Schulingkamp can also be reached via electronic mail at 
exception occurred on : 2020-02505.htm
exception occurred on : 2020-02505.htm
schulingkamp.joseph[email protected].

SUPPLEMENTARY INFORMATION: On October 26, 2015, EPA revised both the 
primary and secondary NAAQS for ozone based on 8-hour average 
concentrations to 0.070 parts per million (ppm). See 80 FR 65292.

I. Delaware's Submissions

    On October 11, 2018, the Delaware Department of Natural Resources 
(DNREC) submitted a revision to its SIP to satisfy the requirements of 
CAA section 110(a)(2) for the 2015 ozone NAAQS. This submittal 
addressed the following elements of CAA section 110(a)(2): (A), (B), 
(C), (D)(i)(I), (D)(i)(II), (E), (F), (G), (H), (J), (K), (L), and (M). 
On November 4, 2019, DNREC submitted a letter identifying outdated 
references in its October 11, 2018 submission and committing to submit 
a future SIP revision in order to address the deficiency. With this 
letter, Delaware requested EPA conditionally approve the State's 
submission with respect to CAA section 110(a)(2)(K) based on the 
commitment to submit a future SIP revision.
    On December 16, 2019, DNREC submitted a revision to its SIP to 
amend Title 7 of the Delaware Administrative Code (DE Admin. Code), 
Regulation 1125, Requirements for Preconstruction Review. This 
submittal is intended to meet the commitment described in the state's 
November 4, 2019 letter as previously described. This submittal revises 
a section of Regulation 1125 to incorporate by reference the most 
recent revision to EPA's Guideline on Air Quality Models into state 
regulation. Specifically, the revision changes Delaware's regulation 
that references the ``Guideline on Air Quality Models'' as published by 
EPA's Office of Air Quality Planning and Standards in July 1986 and 
supplemented in July 1987 to the ``Guideline on Air Quality Models (40 
CFR part 51, appendix W, July 1, 2019 ed.).'' Because Delaware has 
submitted the intended SIP revision outlined in the State's November 4, 
2019 letter, EPA is considering CAA section 110(a)(2)(K) of Delaware's 
October 11, 2018 SIP submission for full approval instead of the 
November 4, 2019 request for conditional approval.

II. EPA's Approach To Review Infrastructure SIPs

    Pursuant to CAA section 110(a), states must provide SIP revisions 
addressing relevant infrastructure SIP elements from section 
110(a)(2)(A) through (M) or provide certification that the existing SIP 
contains provisions adequately addressing these elements for the 2015 
ozone NAAQS. Due to ambiguity in some of the language of CAA section 
110(a)(2), EPA believes that it is appropriate to interpret these 
provisions in the specific context of acting on infrastructure SIP 
submissions. EPA has previously provided comprehensive guidance on the 
application of these provisions through a guidance document for 
infrastructure SIP submissions and through regional actions on 
infrastructure submissions.\1\ Unless otherwise noted in this 
rulemaking action, EPA is following that existing approach in acting on 
this submission. In addition, in the context of acting on such 
infrastructure submissions, EPA evaluates the submitting state's SIP 
for facial compliance with statutory and regulatory requirements, not 
for the state's implementation of its SIP.\2\ EPA has other authority 
to address any issues concerning a state's implementation of the rules, 
regulations, consent orders, etc. that comprise its SIP.
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    \1\ EPA explains its approach in its September 13, 2013 
Infrastructure SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as well as in numerous agency actions, including EPA's prior 
action on Delaware's infrastructure SIP to address the 2012 fine 
particulate matter NAAQS, specifically in EPA's TSD, document number 
EPA-R03-OAR-2017-0152-0028 (82 FR 44318 (September 22, 2017)).
    \2\ See Montana Environ. Info. Center v. EPA, 902 F.3d 971 (9th 
Cir. 2018).
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III. EPA's Analysis

    EPA has analyzed Delaware's October 11, 2018 submission and is 
proposing to make a determination that the submittal meets the 
requirements of CAA section 110(a)(2). EPA also reviewed Delaware's 
revisions to 7 DE Admin. Code 1125 and concludes that the revised 
references to 40 CFR part 51, appendix W, as published in the July 2019 
edition of the CFR, are the correct modeling guidelines to use for 
purposes of preconstruction permitting review. A detailed summary of 
EPA's review and rationale for approving Delaware's submittals may be 
found in the technical support document (TSD) for this proposed 
rulemaking action which is available online at www.regulations.gov, 
docket number EPA-R03-OAR-2019-0663.

IV. Proposed Action

    EPA is proposing to approve Delaware's October 11, 2018 submittal 
which provides the basic program elements, or portions thereof, 
specified in section 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), 
(F), (G), (H), (J), (K), (L), and (M) necessary to implement, maintain, 
and enforce the 2015 ozone NAAQS. This proposed rulemaking action does 
not include action on section 110(a)(2)(I) which pertains to the 
nonattainment planning requirements of part D, title I of the CAA, 
because this element is not required to be submitted by the 3-year 
submission deadline of

[[Page 7496]]

section 110(a)(1) of the CAA and will be addressed in a separate 
process. EPA is also proposing to approve Delaware's December 16, 2019 
submittal which updates 7 DE Admin. Code 1125 in order to incorporate 
by reference the correct modeling guidelines contained in 40 CFR 51, 
Appendix W. EPA is soliciting public comments on the issues discussed 
in this document which will be considered before taking final 
rulemaking action.

V. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the revised section 3.10 of 7 DE Admin. Code, Regulation 
1125, effective January 11, 2020. EPA has made, and will continue to 
make, these materials generally available through https://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).

VI. 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, pertaining to Delaware's section 
110(a)(2) infrastructure requirements for the 2015 ozone NAAQS and 
revisions to Regulation 1125, 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, Nitrogen dioxide, Ozone, Volatile organic compounds.

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

    Dated: January 29, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2020-02505 Filed 2-7-20; 8:45 am]
 BILLING CODE 6560-50-P


