[Federal Register Volume 62, Number 48 (Wednesday, March 12, 1997)]
[Rules and Regulations]
[Pages 11329-11332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6073]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[DE027-1004a, DE020-1004a; FRL-5679-4]
Approval and Promulgation of Air Quality Implementation Plans;
State of Delaware: Open Burning and Non-CTG RACT Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Delaware. This revision consists of two
control measures to reduce volatile organic compound (VOC) emissions.
The intended effect of this action is to approve these two control
measures which are creditable towards Delaware's 15 Percent Rate of
Progress Plan (RPP). This action is being taken under section 110 of
the Clean Air Act.
DATES: This action is effective May 12, 1997 unless notice is received
on or before April 11, 1997 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 David L. Arnold, Chief, Ozone/CO &
Mobile Sources Section, Mailcode 3AT21, Environmental Protection
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania
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, Environmental Protection Agency, Region
III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107; Delaware
Department of Natural Resources & Environmental Control, 89 Kings
Highway, P.O. Box 1401, Dover, Delaware 19903.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 566-2182, at the
EPA Region III office, or via e-mail at [email protected].
While information may be requested via e-mail, comments must be
submitted in writing to the above Region III address.
SUPPLEMENTARY INFORMATION: On February 17, 1995, the Delaware
Department of Natural Resources & Environmental Control (DNREC)
submitted revisions to its State Implementation Plan (SIP) for
Delaware. One of those revisions pertains to the 15% Rate of Progress
Plan (RPP) for the State of Delaware. The other revision is Delaware
Regulation 13--Open Burning, which is one of the control measures to
achieve the 15% reduction. Included in this latter revision are
definitions pertaining to the open burning regulation, as well as
additions and deletions from Delaware Regulation 1, Definitions and
Administrative Principles. The definitions are for ceremonial fires,
conservation practices, open burning, prescribed burning, rubbish,
silviculture, and trade waste. The 15% Rate of Progress Plan, itself,
which was submitted on February 17, 1995 is the subject of a separate
rulemaking.
On January 20, 1994, Delaware submitted a revision to Regulation
24, section 43, Other Facilities that Emit Volatile Organic Compounds
(VOCs). This section number was changed to section 50 on July 28, 1995
(60 FR 38712). A direct final approval was published for the Delaware
VOC regulation on May 3, 1995 (60 FR 21707), excluding the Non-Control
Technique Guideline (Non-CTG) RACT part: sections 50(a)(5) and
50(b)(3). These sections pertain to control requirements on wood
furniture coatings, industrial wastewater, and shipbuilding and repair;
and submitting an alternative control plan. This Non-CTG RACT
regulation is one of the control measures for the 15% RPP.
Background
Section 182(b)(1) of the Clean Air Act as amended in 1990 (CAAA),
requires ozone nonattainment areas with classifications of moderate and
above to develop plans to reduce area-wide volatile organic compound
(VOC) emissions by 15% from a 1990 baseline. The plans were to be
submitted by November 15, 1993 and the reductions were to be achieved
within 6 years of enactment or November 15, 1996. The VOC reductions
achieved by Delaware Regulation 13--Open Burning and Delaware
Regulation 24, Section 50--Non-CTG RACT are creditable toward the 15%
plan.
Non-CTG RACT
Section 50 of Delaware Air Regulation 24 is entitled, Other
Facilities that Emit Volatile Organic Compounds. This section is also
called the Non-CTG RACT regulation since it applies to any facility
that emits VOCs and is not otherwise subject to any other federally
approved RACT regulation of the Delaware SIP that was developed
pursuant to a CTG. The CAAA requires the implementation of RACT for all
major stationary sources of VOCs not otherwise covered by a CTG. For
severe nonattainment areas including Kent and New Castle Counties, the
CAAA defines a major stationary source as any stationary source, or
group of sources located within a contiguous area and under common
control, that emits or has the potential to emit at least 25 tons per
year (tpy) of VOCs. Prior to the passage of the CAAA, non-CTG RACT was
required in New Castle county for stationary sources for which there
was not a CTG, and which had the potential to emit 100 tpy or more of
VOCs from all non-CTG processes. There was no requirement for non-CTG
RACT in Kent County prior to the CAAA. Therefore, all VOC emissions
reductions from non-CTG RACT in Kent County are creditable toward the
15% reduction requirement. However, reductions from non-CTG RACT in New
Castle County are only creditable for sources that emit or have the
potential to emit between 25 and 100 tpy of VOCs from processes not
covered by a CTG. Delaware adopted its non-CTG RACT regulation in
January 1993. Any facility located in Kent or New Castle County is
subject to the regulation if it has sources not regulated by a CTG that
as a group have the potential to emit VOC emissions of 25 tons or more
per year. The regulation requires overall VOC emission reduction from
affected sources at a facility of at least 81 percent by weight. This
reduction can be achieved through the use of capture and control
techniques or other methods as appropriate. Facilities may also comply
with section 50 by submitting an alternative plan. These alternative
plans must be approved by EPA as source-specific SIP revisions.
Open Burning
A revision to Delaware Air Regulation 13--Open Burning, was adopted
in the autumn of 1994. New regulatory requirements prohibit open
burning and prescribed burning in Kent and New Castle Counties during
the peak ozone season, June 1 through August 31. Regulatory
requirements also prohibit the disposal of refuse by open burning, open
burning in the conduct of a salvage operation, and open burning of
fallen leaves.
EPA's review of this material indicates that the two control
measures mentioned are approvable, and their reductions creditable
toward the 15% RPP. EPA is approving the Delaware SIP revisions for the
two control measures for the 15% RPP: Open Burning and Non-CTG RACT,
which were submitted on February 17, 1995 and January 20, 1994,
respectively.
EPA has determined that the submittals made by the State of
Delaware satisfy the relevant requirements of the CAAA. EPA's detailed
review of Delaware's Open Burning and Non-CTG Regulations are contained
in a Technical Support Document (TSD) which is available, upon request,
from the EPA Regional Office listed in the ADDRESSES section of this
document.
EPA is approving these SIP revisions without prior proposal because
the Agency views these as noncontroversial amendments and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revisions
should
[[Page 11331]]
adverse or critical comments be filed. This action will become
effective May 12, 1997 unless, by April 11, 1997, adverse or critical
comments are received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting on this action should do
so at this time. If no such comments are received, the public is
advised that this action will be effective on May 12, 1997.
Final Action
EPA is approving the Delaware Regulation 13--Open Burning and
Regulation 24--sections 50(a)(5) and 50(b)(3)--Non-CTG RACT.
Nothing in this action should 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.
Administrative Requirements
A. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
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 or 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 CAAA, 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).
C. 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
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 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
Federal requirements. Accordingly, no additional costs to State, local,
or tribal governments, or to the private sector, result from this
action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the CAAA, petitions for judicial review
of this action to approve revisions to the Delaware SIP must be filed
in the United States Court of Appeals for the appropriate circuit by
May 12, 1997. Filing a petition for reconsideration by the
Administrator of this 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
regarding the Delaware Open Burning and Non-CTG RACT SIP revisions may
not be challenged later in proceedings to enforce its requirements.
(See section (b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.
Dated: January 10, 1997.
W.T. Wisniewski,
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 paragraphs (c)(48) and
(c)(49) to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
(48) Revisions to the Delaware State Implementation Plan submitted
on January 20, 1994 by the Delaware Department of Natural Resources &
Environmental Control:
(i) Incorporation by reference.
(A) Letter of January 20, 1994 from the Delaware Department of
Natural Resources & Environmental Control transmitting Regulation 24--
Control of Volatile Organic Compound Emissions--Sections 50(a)(5) and
50(b)(3), effective November 24, 1993.
(B) Regulation 24--Control of Volatile Organic Compound Emissions,
Section 50--Other Facilities that Emit Volatile Organic Compounds--
Sections 50(a)(5) and 50(b)(3)--Non-CTG RACT, effective November 24,
1993.
(ii) Additional material.
[[Page 11332]]
(A) Remainder of January 20, 1994 State submittal pertaining to
Regulation 24, sections 50(a)(5) and 50(b)(30) referenced in paragraph
(c)(48)(i) of this section.
(49) Revisions to the Delaware State Implementation Plan submitted
on February 17, 1995 by the Delaware Department of Natural Resources &
Environmental Control:
(i) Incorporation by reference.
(A) Letter of February 17, 1995 from the Delaware Department of
Natural Resources & Environmental Control transmitting Regulation 13--
Open Burning, effective February 8, 1995.
(B) Regulation 13--Open Burning, effective February 8, 1995.
(C) Administrative changes to Regulation 1, Definitions and
Administrative Principles: addition of the following definitions:
``ceremonial fires'', ``conservation practices'', ``prescribed
burning'', and ``silviculture''; and revision to the following
definitions: ``open burning'', ``rubbish'', and ``trade waste'' adopted
February 8, 1995.
(ii) Additional material.
(A) Remainder of the February 17, 1995 State submittal pertaining
to Regulation 13--Opening Burning referenced in paragraph (c)(49)(i) of
this section.
* * * * *
[FR Doc. 97-6073 Filed 3-11-97; 8:45 am]
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