[Federal Register Volume 70, Number 136 (Monday, July 18, 2005)]
[Rules and Regulations]
[Pages 41146-41148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13987]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R03-OAR-2005-DE-0001; FRL-7939-1]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Ambient Air Quality Standard for Ozone and Fine Particulate
Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve revisions to the
Delaware State Implementation Plan (SIP). The revision consists of
modifications to the ambient air quality standards for ozone and fine
particulate matter. EPA is approving this revision in accordance with
the requirements of the Clean Air Act (CAA).
DATES: This rule is effective on September 16, 2005, without further
notice, unless EPA receives adverse written comment by August 17, 2005.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID Number R03-OAR-2005-DE-0001 by one of the following
methods:
A. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
B. Agency Web site: http://www.docket.epa.gov/rmepub/ RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Follow the on-line instructions for submitting
comments.
C. E-mail: [email protected].
D. Mail: R03-OAR-2005-DE-0001, David Campbell, Air Quality Planning
Branch, mailcode 3AP21, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
E. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to RME ID No. R03-OAR-2005-DE-
0001. EPA's policy is that all comments received will be included in
the public docket without change, and may be made available online at
http://www.docket.epa.gov/rmepub/, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through RME, regulations.gov
or e-mail. The EPA RME and the Federal regulations.gov Web sites are an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through RME or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
RME index at http://www.docket.epa.gov/rmepub/. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in RME
or in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Delaware Department of Natural Resources &
Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware
19903.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On April 1, 2003, the State of Delaware submitted a formal revision
to its SIP. The SIP revision consists of an amendment which includes
the revised ambient air quality standards for ozone and particulate
matter. EPA promulgated the new, more stringent, national ambient
quality standards (NAAQS) for ozone and fine particulate matter on July
18, 1997, 62 FR 38894 and 62 FR 38711, respectively.
In 1997, EPA adopted an 8-hour ozone NAAQS with a level of 0.08
parts per million (ppm) to provide greater protection to public health
than the previous standard of 0.12 ppm averaged over a 1-hour block of
time. At the same time, EPA established a new standard for fine
particulate matter (PM2.5) that applies to particles 2.5
microns in diameter or less.
II. Summary of SIP Revision
Delaware's revision incorporates the 1997 Federal 8-hour ozone and
PM2.5 standards into Section 6, of Regulation 3, of the
Delaware Regulations Governing the Control of Air Pollution. The new
ozone standard incorporated in this SIP revision is the average of the
fourth highest daily maximum 8-hour average ozone concentration that is
less than or equal to 0.08 ppm, averaged over three consecutive years.
In addition, the SIP revision adds a new PM 2.5 ambient air quality
standard. The standards for PM2.5 incorporated in this SIP
revision are 65 micrograms per cubic meter based on a 24-hour average
concentration and 15.0 micrograms per cubic meter annual arithmetic
mean concentration. Compliance with the new 8-hour standard and fine
particulate matter standards are determined in a manner identical to
the
[[Page 41147]]
NAAQS as defined at 40 CFR part 50. It should be noted that Delaware
has not made any revisions to the existing standards for ozone (1-hour
standard) or particulate matter (PM10).
III. Final Action
EPA is approving Delaware's SIP revision to incorporate the 8-hour
ambient air quality standards for ozone and fine particle matter. EPA
is publishing this rule without prior proposal because the Agency views
this as a noncontroversial amendment and anticipates no adverse
comment. However, in the ``Proposed Rules'' section of today's Federal
Register, EPA is publishing a separate document that will serve as the
proposal to approve the SIP revision if adverse comments are filed.
This rule will be effective on September 16, 2005, without further
notice unless EPA receives adverse comment by August 17, 2005. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 16, 2005. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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 to approve Delaware's 8-hour ozone and fine
particulate matter ambient air quality standards may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: July 8, 2005.
Richard J. Kampf,
Acting Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart I--Delaware
0
2. In Sec. 52.420, the table in paragraph (c) is amended by adding an
entry for Regulation 1, Section 2 after the existing entry, and
revising the entries for Regulation 3, Sections 1, 6, and 11 to read as
follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) EPA approved regulations.
[[Page 41148]]
EPA--Approved Regulations in the Delaware SIP
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State
State citation Title/subject effective EPA approval date Additional
date explanation
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Regulation 1 Definitions and Administrative Principles
* * * * * * *
Section 2.................... Definitions..... 2/11/2003 7/18/05 [Insert page number where Added
the document begins] definition of
PM2.5.
* * * * * * *
Regulation 3 Ambient Air Quality Standards
Section 1.................... General 2/11/2003 7/18/05 [Insert page number where Addition of
provisions. the document begins] section 1.6.j.
* * * * * * *
Section 6.................... Ozone........... 2/11/2003 7/18/05 [Insert page number where Addition to
the document begins] section 6.1--
``This
standard shall
be applicable
to New Castle
and Kent
Counties.''
...............
Addition of
section 6.2.
* * * * * * *
Section 11................... PM10 and PM2.5 2/11/2003 7/18/05 [Insert page number where Section title
Particulates. the document begins] added ``and
PM2.5''
...............
Addition of
sections
11.2.a. and
11.2.b.
* * * * * * *
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[FR Doc. 05-13987 Filed 7-15-05; 8:45 am]
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