Approval and Promulgation of Air Quality Implementation Plans; Delaware; Particulate Matter (PM-10): Group III Areas State Implementation Plan

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DE8-1-5678; A-1-FRL-4840-5]

Approval and Promulgation of Air Quality Implementation Plans;

Delaware; Particulate Matter (PM-10): Group III Areas State

Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State implementation plan (SIP) revision

submitted by the State of Delaware. This revision establishes and

requires the implementation of primary and secondary particulate matter

standards consistent with the national ambient air quality standards

(NAAQS) for particulate matter (PM-10). The intended effect of this

action is to approve four (4) regulations, amended by Delaware in order

to conform with the requirements established for Group III areas for

PM-10. This action is being taken under Section 110 of the Clean Air

Act.

EFFECTIVE DATE: This action will become effective June 6, 1994 unless

notice is received by May 6, 1994 that adverse or critical comments

will be submitted. If the effective date is delayed, timely notice will

be published in the Federal Register.

ADDRESSES: Comments may be mailed to Thomas J. Maslany, Director, Air,

Radiation, and Toxics Division, U.S. Environmental Protection Agency,

Region III, 841 Chestnut Building, Philadelphia, PA 19107. Copies of

the documents relevant to this action are available for public

inspection during normal business hours at the Air, Radiation, and

Toxics Division, U.S. Environmental Protection Agency, Region III, 841

Chestnut Building, Philadelphia, PA 19107; Jerry Kurtzweg ANR-443, U.S.

Environmental Protection Agency, 401 M Street, SW., Washington, DC

20460; and Delaware Department of Natural Resources and Environmental

Control, 89 Kings Highway, Dover, Delaware 19903.

FOR FURTHER INFORMATION CONTACT: David J. Campbell, Air and Radiation

Programs Branch, Environmental Protection Agency, Region III, 841

Chestnut Building, Philadelphia, PA 19107; 215 597-9781.

SUPPLEMENTARY INFORMATION: On April 26, 1988, the Delaware Department

of Natural Resources and Environmental Control submitted a revision to

the Delaware State implementation plan (SIP) to achieve and maintain

the national ambient air quality standards (NAAQS) for particulate

matter (PM-10). The revision consists of: (1) Regulation 1--

``Definitions and Administrative Principles''; (2) Regulation 3--

``Ambient Air Quality Standards''; (3) Regulation 15--``Air Pollution

Alert and Emergency Plan''; and (4) Regulation 25--``Requirements for

Preconstruction Review''.

The April 26, 1988 submittal also contained revised cutpoints for

the motor vehicle exhaust emissions testing program in Delaware and a

newly-adopted volatile organic compound (VOC) control regulation for

equipment leaks at synthetic organic chemical manufacturing industry

(SOCMI) facilities. The former was addressed under a separate

rulemaking at 55 FR 3402. The latter is also being addressed under a

separate rulemaking. This notice will address only that portion of the

State of Delaware's April 26, 1988 submittal pertaining to PM-10.

The April 26, 1988 submittal is consistent with the SIP revision

requirements for PM-10 Group III areas as detailed in the July 1, 1987

Federal Register notice (52 FR 24672). The amended Delaware regulations

are consistent with the NAAQS for PM-10, and specify:

PM-10 as an indicator of particulate matter.

exceedance levels.

reference methods for measurement of PM-10.

emergency episode plan revisions to include PM-10.

Prevention of Significant Deterioration (PSD) regulation

standards for both PM-10 and Total Suspended Particulate (TSP), with

standards for emission rates and significant monitoring concentrations.

Summary of SIP Revision

On July 1, 1987, EPA promulgated national ambient air quality

standards (NAAQS) for particulate matter with an aerodynamic diameter

less than or equal to a nominal 10 micrometers (PM-10) (52 FR 24634).

The PM-10 standards replace the total suspended particulate (TSP)

standards promulgated by EPA in 1971. Also on July 1, 1987, EPA

promulgated changes to the policies and regulations by which it will

implement the NAAQS for PM-10 in 40 CFR parts 51 and 52 (52 FR 24672).

Using the classification criteria established at 52 FR 24672, EPA

has preliminarily designated areas within each State as Group I, II, or

III based upon an area's probability of attaining the PM-10 standard.

The July 1, 1987 Federal Register notice requires State implementation

plan (SIP) revisions for all classified Group I, II, and III areas and

indicates the SIP revision requirements for each classification.

On August 7, 1987, the State of Delaware was classified at 52 FR

29383 as follows:

Group III--The entire State of Delaware.

The Clean Air Act as amended (1990 Amendments) did not affect the

requirements established for Group III areas. The July 1, 1987 Federal

Register requires States to seek approval of SIP revisions as required

under the preconstruction review program and to codify other minor

regulatory changes as needed. It is presumed that the existing Delaware

SIP is adequate to demonstrate attainment and maintenance of the NAAQS

for PM-10 in all Group III areas in the State. On April 26, 1988, the

State of Delaware responded to the July, 1, 1987 Federal Register by

submitting four (4) regulations amended to reflect the revised

particulate matter standards as a SIP revision. This SIP revision

addresses Group III areas only.

EPA Evaluation

EPA has evaluated Delaware's SIP revision request and concluded the

following: (1) The amended regulations conform with the revised primary

and secondary NAAQS for PM-10; (2) the amended regulations are clearly

enforceable; and (3) the applicable requirements of 40 CFR part 51 have

been met. A more detailed evaluation is provided in the Technical

Support Document available upon request from the Regional EPA office

listed in the ADDRESSES section of this notice.

EPA is approving this SIP revision without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. These revisions to Delaware's regulations have

been effective in the State since March 29, 1988. This action will be

effective June 6, 1994 unless, by May 6, 1994, notice is received that

adverse or critical comments will be submitted. If such notice is

received, this action will be withdrawn before the effective date by

simultaneously publishing two subsequent notices. One notice will

withdraw the final action and another will begin a new rulemaking by

announcing a proposal of the action and establishing a comment period.

If no such comments are received, the public is advised that this

action will be effective on June 6, 1994.

Final Action

EPA is approving the four (4) regulations submitted by the Delaware

Department of Natural Resources and Environmental Control as a revision

to the Delaware SIP. EPA's review of this material indicates that it

conforms to the requirements of 40 CFR parts 51 and 52, and to the July

1, 1987 promulgation of NAAQS for PM-10 in the Federal Register.

The Agency has reviewed this request for revision of the Federally-

approved State implementation plan for conformance with the provisions

of the 1990 Amendments enacted on November 15, 1990. The Agency has

determined that this action conforms with those requirements

irrespective of the fact that the submittal preceded the date of

enactment.

Nothing in this action shall be construed as permitting or allowing

or establishing a precedent for any future request for revision to any

State implementation plan. Each request for revision to the State

implementation plan shall be considered separately in light of specific

technical, economic, and environmental factors and in relation to

relevant statutory and regulatory requirements.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

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 impose any new requirements, the

Administrator certifies that it does not have a significant impact on

any small entities affected. 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 SIP's on such grounds. Union Electric Co. v.

U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

This SIP revision establishing revised particulate matter standards

in Delaware has been classified as a Table 3 action for signature by

the Acting Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by

an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant

Administrator for Air and Radiation. On January 6, 1989, the Office of

Management and Budget (OMB) waived Table 2 and Table 3 SIP revisions

from the requirements of section 3 of Executive Order 12291 for a

period of two years. EPA has submitted a request for a permanent waiver

for Table 2 and 3 SIP revisions. OMB has agreed to continue the waiver

until such time as it rules on EPA's request. This request is still

applicable under Executive Order 12866, which superseded Executive

Order 12291 on September 30, 1993.

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 June 6, 1994. 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) of the Clean Air

Act.)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Particulate matter, Reporting

and recordkeeping requirements.

Dated: February 9, 1994.

Stanley L. Laskowski,

Acting 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 52.420 is amended by adding paragraph (c)(47) to read as

follows:

Sec. 52.420 Identification of plan.

* * * * *

(c) * * *

(47) Revisions to the Delaware regulations for particulate matter

(PM-10) submitted on April 26, 1988 by the Delaware Department of

Natural Resources and Environmental Control:

(i) Incorporation by reference. (A) Letter of April 26, 1988 from

the Department of Natural Resources and Environmental Control

transmitting a revision to the Delaware State implementation plan for

particulate matter (PM-10) Group III areas.

(B) Revisions via Order No. 88-A-5, exhibit A, and Table 1. The

Order amends the following Delaware Regulations Governing the Control

of Air Pollution: Regulation 1--``Definitions and Administrative

Principles''; Regulation 3--``Ambient Air Quality Standards'';

Regulation 15--``Air Pollution Alert and Emergency Plan''; and

Regulation 25--``Requirements for Preconstruction Review''. The

revisions were adopted on March 29, 1988 and became effective

immediately.

(ii) Additional materials.

(A) Remainder of the State implementation plan revision submitted

by the Delaware Department of Natural Resources and Environmental

Control on April 26, 1988.

[FR Doc. 94-8248 Filed 4-5-94; 8:45 am]

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