[Federal Register Volume 64, Number 196 (Tuesday, October 12, 1999)]
[Rules and Regulations]
[Pages 55139-55141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26195]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[DE027-1027a; FRL-6453-5]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; 15 Percent Rate of Progress Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is converting its conditional approval of the Delaware's
State Implementation Plan (SIP) revision to achieve a 15 percent
reduction in volatile organic compound (VOC) emissions to a full
approval. This SIP revision is commonly referred to as the 15% Rate of
Progress Plan (the 15% plan). Delaware fulfilled the condition listed
in EPA's conditional approval published on May 19, 1997. The intent
effect of this action is to convert the conditional approval of
Delaware's 15% plan to a full approval.
DATES: This rule is effective on December 13, 1999 without further
notice, unless EPA receives adverse written comment by November 12,
1999. 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: Written comments should be mailed to David L. Arnold, Chief,
Ozone and Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the documents relevant to this action are
available for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103; and Delaware
Department of Natural Resources & Environmental Control, 89 Kings
Highway, Dover Delaware 19901.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, at the
EPA Region III address above, or by e-mail at quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Clean Air Act, the State of Delaware
submitted a 15% plan for its portion of the Philadelphia-Wilmington-
Trenton ozone nonattainment area. EPA is now converting its conditional
approval of the Delaware's 15% plan SIP revision to a full approval. In
a rule published on May 19, 1997 (62 FR 27198), EPA granted a
conditional approval to the Delaware's 15% plan because the State's
enhanced inspection and maintenance (I/M) program, one of many control
measures adopted by Delaware to achieve the 15% reduction in VOC
emissions, had only been conditionally approved at the time.
On July 7, 1999 (64 FR 36635), EPA proposed full approval of
Delaware's enhanced I/M SIP. No comments were received during the
public comment period. EPA has recently published its final rule fully
approving Delaware's enhanced I/M SIP. Because Delaware's enhanced I/M
SIP is fully approved, EPA is now fully approving the 15% plan and
associated contingency measures for Delaware. The effective date of
EPA's final rule fully approving Delaware's enhanced I/M SIP will
precede the effective date of this direct final rule to grant full
approval of Delaware's 15% plan.
II. EPA Action
EPA is converting its conditional approval of the Delaware's 15%
plan and associated contingency measures to a full approval. An
extensive discussion of the Delaware 15% plan and EPA's rationale for
its approval were provided in the previous final rule which
conditionally approved the 15% plan (see 62 FR 27198) and shall not be
restated here. This action to convert our conditional approval to a
full approval is being published without prior proposal because we view
this as a noncontroversial amendment and because we anticipate no
adverse comments. In a separate document in the ``Proposed Rules''
section of this Federal Register publication, we are proposing to fully
approve the Delaware's 15% plan SIP revision if adverse comments are
filed. This action will be effective without further notice unless we
receive relevant adverse
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comment by November 12, 1999. If we receive such comment, we will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. Any
parties interested in commenting must do so at this time. If no such
comments are received by November 12, 1999, you are advised that this
action will be effective on December 13, 1999.
III. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from review under E.O. 12866, entitled ``Regulatory
Planning and Review.''
B. Executive Orders on Federalism
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a state, local, or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If EPA complies by consulting, E.O. requires EPA to
provide to the Office of Management and Budget a description of the
extent of EPA's prior consultation with representatives of affected
state, local, and tribal governments, the nature of their concerns,
copies of written communications from the governments, and a statement
supporting the need to issue the regulation. In addition, E.O. 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of state, local, and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create a mandate on state, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of E.O. 12875
do not apply to this rule.
On August 4, 1999, President Clinton issued a new executive order
on federalism, Executive Order 13132, (64 FR 43255 (August 10, 1999)),
which will take effect on November 2, 1999. In the interim, the current
Executive Order 12612 (52 FR 41685 (October 30, 1987)), on federalism
still applies. This rule will not have a substantial direct effect on
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 12612.
The rule affects only one State, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act.
C. Executive Order 13045
E.O. 13045, entitled ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies
to any rule that the EPA determines (1) is ``economically
significant,'' as defined under E.O. 12866, and (2) the environmental
health or safety risk addressed by the rule has a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency. This final rule is not subject
to E.O. 13045 because it is not an economically significant regulatory
action as defined by E.O. 12866, and it does not address an
environmental health or safety risk that would have a disproportionate
effect on children.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly affects or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If EPA complies by
consulting, Executive Order 13084 requires EPA to provide to the Office
of Management and Budget, in a separately identified section of the
preamble to the rule, a description of the extent of EPA's prior
consultation with representatives of affected tribal governments, a
summary of the nature of their concerns, and a statement supporting the
need to issue the regulation. In addition, Executive Order 13084
requires EPA to develop an effective process permitting elected and
other representatives of Indian tribal governments ``to provide
meaningful and timely input in the development of regulatory policies
on matters that significantly or uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the communities
of Indian tribal governments. This action does not involve or impose
any requirements that affect Indian Tribes. Accordingly, the
requirements of section 3(b) of E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because SIP approvals under
section 110 and subchapter I, part D of the Clean Air Act do not create
any new requirements but simply approve requirements that the State is
already imposing. Therefore, because the Federal SIP approval does not
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of a flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule. EPA has determined that
the approval action promulgated does not include a Federal mandate that
may result in estimated annual costs of $100 million or more to either
State, local, or tribal governments in the aggregate, or to the private
sector. This Federal action approves pre-existing requirements under
State or local law, and imposes no new requirements. Accordingly, no
additional costs to State, local, or tribal
[[Page 55141]]
governments, or to the private sector, result from this action.
G. 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).
H. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action to fully approve the State of Delaware's
15% plan must be filed in the United States Court of Appeals for the
appropriate circuit by December 13, 1999. 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 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, Hydrocarbons,
Intergovernmental relations, Ozone.
Dated: September 23, 1999.
W. Michael McCabe,
Regional Administrator, Region III.
40 CFR Part 52 is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart I--Delaware
2. Section 52.426 is added to read as follows:
Sec. 52.426 Control strategy: ozone.
EPA fully approves, as a revision to the Delaware State
Implementation Plan, the 15 Percent Rate of Progress Plan for the
Delaware portion of the Philadelphia-Wilmington-Trenton severe ozone
nonattainment, namely Kent and New Castle Counties, submitted by the
Secretary of Delaware Department of Natural Resources and Environmental
Control on February 17, 1995.
3. Section 52.424(a) is removed and reserved.
[FR Doc. 99-26195 Filed 10-8-99; 8:45 am]
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