[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Proposed Rules]
[Pages 10442-10447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04074]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2014-0005; FRL-9907-09-Region-3]
Approval and Promulgation of Implementation Plans; Delaware;
Regional Haze Five-Year Progress Report State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of a revision to the Delaware State Implementation Plan (SIP)
submitted by the State of Delaware through the Delaware Department of
Natural Resources and Environmental Control (DNREC). Delaware's SIP
revision addresses requirements of the Clean Air Act (CAA) and EPA's
rules that require states to submit periodic reports describing
progress towards reasonable progress goals (RPGs) established for
regional haze and a determination of the adequacy of the State's
existing implementation plan addressing regional haze (regional haze
SIP). EPA is proposing approval of Delaware's SIP revision on the basis
that it addresses the progress report and adequacy determination
requirements for the first implementation period for regional haze.
DATES: Comments must be received on or before March 27, 2014.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0005, by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: [email protected].
C. Mail: EPA-R03-OAR-2014-0005, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. 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 Docket ID No. EPA-R03-OAR-
2014-0005. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, 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 www.regulations.gov or email. The
www.regulations.gov Web site is 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 email comment
directly to EPA without going through www.regulations.gov, your email
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
www.regulations.gov index. 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 www.regulations.gov 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 and
Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware
19903.
FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Requirements for the Regional Haze Progress Report SIPs and
Adequacy Determinations
III. EPA's Analysis of Delaware's Regional Haze Progress Report and
Adequacy Determination
IV. EPA's Proposed Action
V. Statutory and Executive Order Reviews
I. Background
States are required to submit a progress report in the form of a
SIP revision every five years that evaluates progress towards the RPGs
for each mandatory Class I Federal area within the state and in each
mandatory Class I Federal area outside the state which may be affected
by emissions from within the state. See 40 CFR 51.308(g). In addition,
the provisions under 40 CFR 51.308(h) require states to submit, at the
same time as the 40 CFR 51.308(g) progress report, a determination of
the adequacy of the state's existing regional haze SIP. The first
progress report SIP is due five years after submittal of the initial
regional haze SIP. On September 25, 2008, Delaware DNREC submitted the
State's first regional haze SIP in accordance with 40 CFR 51.308(b).\1\
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\1\ On July 19, 2011, EPA finalized an approval of Delaware's
September 25, 2008 regional haze SIP to address the first
implementation period for regional haze. See 76 FR 42557.
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On September 24, 2013, DNREC submitted, as a SIP revision (progress
report SIP) a report on progress made in
[[Page 10443]]
the first implementation period towards RPGs for the Class I area
outside the State that is affected by emissions from Delaware's
sources. This progress report SIP and accompanying cover letter also
included a determination that Delaware's existing regional haze SIP
requires no substantive revision to achieve the established regional
haze visibility improvement and emissions reduction goals for 2018. EPA
is proposing to approve Delaware's September 24, 2013 SIP revision on
the basis that it satisfies the requirements of 40 CFR 51.308(g) and
308(h).
II. Requirements for the Regional Haze Progress Report SIPs and
Adequacy Determinations
Under 40 CFR 51.308(g), states must submit a regional haze progress
report as a SIP revision every five years and must address, at a
minimum, the seven elements found in 40 CFR 51.308(g). As described in
further detail in section III of this rulemaking action, 40 CFR
51.308(g) requires: (1) A description of the status of measures in the
approved regional haze SIP; (2) a summary of emissions reductions
achieved; (3) an assessment of visibility conditions for each Class I
area in the state; (4) an analysis of changes in emissions from sources
and activities within the state; (5) an assessment of any significant
changes in anthropogenic emissions within or outside the state that
have limited or impeded progress in Class I areas impacted by the
state's sources; (6) an assessment of the sufficiency of the approved
regional haze SIP; and (7) a review of the state's visibility
monitoring strategy.
Under 40 CFR 51.308(h), states are required to submit, at the same
time as the progress report SIP, a determination of the adequacy of
their existing regional haze SIP and to take one of four possible
actions based on information in the progress report. As described in
further detail in section III of this rulemaking action, 40 CFR
51.308(h) requires states to either: (1) Submit a negative declaration
to EPA that no further substantive revision to the state's existing
regional haze SIP is needed; (2) provide notification to EPA (and other
state(s) that participated in the regional planning process) if the
state determines that its existing regional haze SIP is or may be
inadequate to ensure reasonable progress at one or more Class I areas
due to emissions from sources in other state(s) that participated in
the regional planning process, and collaborate with these other
state(s) to develop additional strategies to address deficiencies; (3)
provide notification with supporting information to EPA if the state
determines that its existing regional haze SIP is or may be inadequate
to ensure reasonable progress at one or more Class I areas due to
emissions from sources in another country; or (4) revise its regional
haze SIP to address deficiencies within one year if the state
determines that its existing regional haze SIP is or may be inadequate
to ensure reasonable progress in one or more Class I areas due to
emissions from sources within the state.
III. EPA's Analysis of Delaware's Regional Haze Progress Report and
Adequacy Determination
On September 24, 2013, DNREC submitted a revision to Delaware's
regional haze SIP to address progress made towards RPGs of the Class I
area outside the State that is affected by emissions from Delaware's
sources. This progress report SIP also includes a determination of the
adequacy of the State's existing regional haze SIP. Delaware does not
have any Class I areas within its borders. However, in Delaware's
September 25, 2008 Regional Haze submittal, DNREC had identified,
through an area of influence modeling analysis based on back
trajectories in consultation with the regional planning organization,
Mid-Atlantic/Northeast Visibility Union (MANE-VU), only one Class I
area, Edwin B. Forsythe National Wildlife Refuge (Brigantine Wilderness
Area), in the neighboring State of New Jersey, that can be potentially
impacted by Delaware sources. See 76 FR 42557.
A. Regional Haze Progress Report SIPs
This section summarizes each of the seven elements that must be
addressed by the progress report under 40 CFR 51.308(g); how Delaware's
progress report SIP addressed each element; and EPA's analysis and
proposed determination as to whether the State satisfied each element.
The provisions under 40 CFR 51.308(g)(1) require a description of
the status of implementation of all measures included in the regional
haze SIP for achieving RPGs for Class I areas both within and outside
the state. Delaware evaluated the status of all measures included in
its 2008 regional haze SIP in accordance with the requirements under 40
CFR 51.308(g)(1). Specifically, in its progress report SIP, Delaware
summarizes the status of the emissions reduction measures that were
included in the coordinated course of action agreed to by the Mid-
Atlantic and Northeast States to assure reasonable progress toward
preventing any future, and remedying any existing impairment of
visibility in mandatory Class I Federal areas within MANE-VU. Delaware
discusses its implementation of best available retrofit technology
(BART) at the BART sources in the State and discusses how Delaware has
far exceeded the MANE-VU goal of 90 percent (%) reduction in sulfur
dioxide (SO2) at electricity generating unit (EGU) stacks
through implementation of its non-trading emissions control regulation
for EGUs, 7 DE Admin. Code 1146, and control requirements on
SO2 emissions at EGUs established in state consent decrees
and permits. Delaware discusses its implementation of 7 DE Admin. Code
1144 and 1148 which yielded nitrogen oxide (NOX) reductions
from generators and combustion turbines at EGUs and discusses
reductions from the shutdown of coal-fired boilers pursuant to a
Federal consent decree with Invista. While Delaware did not include any
regulation for low sulfur fuel oil in its regional haze SIP, Delaware
has subsequently implemented a low sulfur fuel oil regulation which
will be effective in 2016 and will reduce SO2 emissions
further. Delaware also discusses SO2 and NOX
reductions from a consent decree with the Delaware City Refinery which
required installation of controls and discusses emission reductions
from the NOX SIP Call and reasonably available control
technology (RACT) requirements within the State. Finally, Delaware
discusses its implementation of other measures included in its regional
haze SIP including Maximum Achievable Control Technology (MACT)
requirements and mobile source and non-road control measures.
The State also discusses the status of those measures that were not
included in the MANE-VU coordinated course of action and were not
relied upon in the initial regional haze SIP to meet RPGs. The State
notes that the emissions reductions from these measures will help
ensure the Class I area impacted by Delaware sources achieves its RPGs.
The measures include the Mercury and Air Toxics Standards (MATS) for
EGUs and the 2010 SO2 National Ambient Air Quality Standard
(NAAQS) which Delaware expects will yield additional SO2
reductions. Delaware also discusses Federal and state consent
agreements as well as facility shutdowns and fuel conversions which
were not included in the regional haze SIP but which have yielded
emission reductions within the State.
Delaware's progress report includes a discussion of the benefits
associated with each measure and quantified these benefits wherever
possible. In instances where implementation of a measure did not occur
on schedule, information is provided on the source category and the
[[Page 10444]]
measure's relative impact on the overall future year emissions
inventories. In aggregate, as noted later in section III.A of this
rulemaking action, the emissions reductions from the identified
measures exceed the original projections in Delaware's regional haze
SIP and result in lower emissions than originally projected.
EPA finds that Delaware's analysis adequately addresses the
provisions under 40 CFR 51.308(g)(1). The State documents the
implementation status of measures from its regional haze SIP in
addition to describing additional measures not originally accounted for
in the coordinated course of action with MANE-VU states or in
Delaware's approved regional haze SIP. Delaware's progress report also
describes significant measures resulting from EPA regulations other
than the regional haze program as they pertain to the State's sources.
The progress report SIP further highlights the effects of state
regulations, such as Delaware's multi-pollutant control regulation for
EGUs (7 DE Admin. Code 1146), as well as several Federal and state
consent decrees for various facilities.
The State's progress report adequately discusses the status of key
control measures that Delaware relied upon in the first implementation
period to make reasonable progress. In its regional haze SIP, Delaware
identified SO2 emissions from coal-fired EGUs as a key
contributor to regional haze in the MANE-VU region, with the EGU sector
as a major contributor to visibility impairment at the Class I area
impacted by Delaware sources. The State's progress report SIP provides
additional information on EGU control strategies and the status of
existing and future expected controls for Delaware's EGUs, with updated
actual SO2 emissions data for the years 2009 through 2011
reflecting significant reductions of SO2 in 2009, 2010, and
2011. In its regional haze SIP, Delaware determined that no additional
controls of non-EGU sources were reasonable for the first
implementation period. Delaware's progress report SIP demonstrates
SO2 reductions from EGUs in 2009-2011 far exceed projected
SO2 reductions by approximately 10,000 tons of
SO2 compared to the MANE-VU request to reduce SO2
emissions at EGUs.
Regarding Delaware's implementation of BART, Delaware's progress
report SIP reviews the status of the State's BART sources (Edge Moor
Unit 4, Edge Moor Unit 5, Indian River Unit 3, and McKee Run Unit 3).
Delaware's regional haze SIP included Delaware's multi-pollutant EGU
regulation, 7 DE Admin. Code 1146, as an alternative to BART for
SO2 and NOx emissions control for the BART sources pursuant
to 40 CFR 51.308(e)(2)(i). The progress report SIP indicates that the
four BART sources have implemented the stringent control requirements
in 7 DE Admin. Code 1146 for NOx and SO2 emissions through
unit-specific annual NOx and SO2 mass emissions caps and
short-term (rolling 24-hour) NOx and SO2 emissions rate
limits (in pounds per million British thermal units (lb/MMBtu)).
Delaware has demonstrated that the BART sources complied with 7 DE
Admin. Code 1146 by installation of controls, fuel switches, and permit
restrictions on operating conditions. Delaware's progress report SIP
demonstrates significant SO2 reductions (and NOx reductions)
from EGUs in 2011 compared to 2002 and 2008 through implementation of 7
DE Admin. Code 1146.
Delaware's regional haze SIP also established BART for particulate
matter (PM) for these same four sources through control requirements,
and Delaware's progress report SIP adequately demonstrates compliance
with and implementation of the PM BART at these sources which has
yielded PM reductions in addition to the PM reductions projected in the
regional haze SIP.
EPA proposes to conclude that Delaware has adequately addressed the
status of control measures in its regional haze SIP as required by the
provisions under 40 CFR 51.308(g)(1). The State adequately addressed
the status of control measures in its regional haze SIP including BART
and the coordinated action measures from MANE-VU, described the status
of significant measures resulting from EPA regulations and Federal and
state consent decrees other than the regional haze program as they
pertain to Delaware sources, and included the status of key control
measures that the State relied upon in the first implementation period
to make reasonable progress. EPA finds Delaware has demonstrated
significant reductions in SO2, NOx, and PM through
implementation of measures in its regional haze SIP and other Federal
and state measures.
The provisions under 40 CFR 51.308(g)(2) require a summary of the
emissions reductions achieved in the state through the measures subject
to the requirements under 40 CFR 51.308(g)(1). In its regional haze SIP
and progress report SIP, Delaware focuses its assessment on the largest
contributor to visibility impairment, SO2 emissions from
EGUs. Delaware made this decision for the first implementation period
because of MANE-VU's findings that sulfate accounted for more than 70
percent of the visibility-impairing pollution in the northeast and mid-
Atlantic and because SO2 point source emissions in 2018 were
projected to represent the majority of the total SO2
emissions inventory.
Overall, SO2 emissions have decreased significantly in
Delaware. Delaware states that the large reductions in SO2
emissions from EGUs resulted from compliance with 7 DE Admin. Code 1146
and from permit conditions and consent decrees which further restricted
emissions from EGUs. By 2011, the EGUs subject to 7 DE Admin. Code 1146
had reduced SO2 mass emissions by 21,905 tons per year (tpy)
(approximately 70%) from 2002 and reduced NOx mass emissions by 5,412
tpy (approximately 66%) from 2002.\2\ Delaware stated these actual
reductions are greater than the 8,681 tons of SO2 reductions
and zero tons of NOx reductions estimated from presumptive BART for
Delaware's BART sources.
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\2\ Delaware's progress report SIP includes emissions data for
SO2 and NOx from EGUs from EPA's Clean Air Markets
Division (CAMD) for the years 2002-2011.
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Delaware also identifies specific additional SO2 and NOx
emissions reductions since the submittal in 2008 of its regional haze
SIP. Delaware identified reductions of 1,158 tpy NOx, 290 tpy fine
particulate matter (PM2.5), and 4,694 tpy of SO2
which resulted from unit shutdowns at several facilities and imposition
of a NOx permit limit on the Delaware City refinery. Delaware also
includes in its progress report SIP additional projected reductions of
SO2 emissions of 2,605 tpy (as calculated from the 2002 base
year) upon full implementation of its low-sulfur fuel regulation in
2016. Delaware states that these additional emissions reductions will
further help to ensure that the Brigantine Wilderness Area will achieve
its RPGs for visibility improvement by 2018.
Delaware also submitted data for the other states identified as
significant contributors of SO2 to Brigantine Wilderness
Area showing similar trends in SO2 reductions from EGUs in
those states between 2002 and 2011. Because sulfates have been shown to
be the predominant species of concern to visibility impairment at
Brigantine Wilderness Area during the first round of regional haze
planning and SO2 EGU emissions are trending downward,
Delaware concludes in its progress report SIP that visibility
improvements should continue into the future from the reduced sulfate
contribution.
[[Page 10445]]
EPA proposes to conclude that Delaware has adequately addressed the
provisions under 40 CFR 51.308(g)(2). The State provides estimates, and
where available, actual emissions reductions of SO2 and
NOX from EGUs in Delaware since the State submitted its
regional haze SIP. Although Delaware appropriately focused on
SO2 emissions from its EGUs in its progress report SIP
because the State had previously identified these emissions as the most
significant contributors to visibility impairment at Brigantine
Wilderness Area, the State also provided NOX emissions from
its EGUs as well. Delaware also adequately provided estimates and where
available, actual emissions reductions for certain non-EGU control
measures discussed in its regional haze SIP. Delaware's progress report
SIP has shown that Delaware has exceeded expected emissions reductions
and is expected to continue to do so in order to meet reasonable
progress goals by 2018.
The provisions under 40 CFR 51.308(g)(3) require that states with
Class I areas within their borders provide the following information
for the most impaired and least impaired days for each area, with
values expressed in terms of five-year averages of these annual values:
\3\ (1) Current visibility conditions; (2) the difference between
current visibility conditions and baseline visibility conditions; and
(3) the change in visibility impairment over the past five years.
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\3\ The ``most impaired days'' and ``least impaired days'' in
the regional haze rule refers to the average visibility impairment
(measured in deciviews) for the twenty percent of monitored days in
a calendar year with the highest and lowest amount of visibility
impairment, respectively, averaged over a five-year period. See 40
CFR 51.301
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Because Delaware does not have any Class I areas within its
borders, EPA therefore proposes to conclude that Delaware's progress
report SIP was not required to address 40 CFR 51.308(g)(3).
The provisions under 40 CFR 51.308(g)(4) require an analysis
tracking emissions changes of visibility-impairing pollutants from the
state's sources by type or category over the past five years based on
the most recent updated emissions inventory. In its progress report SIP
to address the requirements of 40 CFR 51.308(g)(4), Delaware presents
data from statewide emissions inventories developed for the years 2002
and 2008 and compares the 2002 and 2008 data for SO2,
NOX, and PM2.5 to two sets of data for the same
pollutants, including the projected emissions inventory for 2018 (from
its 2008 regional haze SIP) and a ``hybrid'' emissions inventory
created using 2011 EGU emissions data from EPA's CAMD database combined
with 2008 emissions inventory data from non-EGU sources. Delaware's
hybrid emissions inventory also includes adjusted mobile source
emissions data for NOX, and PM2.5 from a 2012
model run using EPA's Motor Vehicle Emission Simulator (MOVES)
model.\4\ Delaware states this hybrid inventory reflects the latest
data available to the State for comparison for 40 CFR 51.308(g)(4).
Delaware claims its inventory data in its progress report SIP captures
the majority of SO2 emissions (as of 2011) because EGUs are
the largest emitters of SO2 and states the inventory is
adequate to show Delaware's significant progress in reducing
SO2 emissions in comparison to future year projections.
Delaware's emissions inventories include the following source
classifications: Stationary point sources, area sources, and off-road
and on-road mobile sources. As noted in section III.A.2 of this action,
Delaware's overall EGU SO2 emissions exceeded the reductions
projected in the State's regional haze SIP for 2018 due to compliance
with 7 DE Admin. Code 1146, additional fuel switches to natural gas,
shutdowns, and other measures implemented for EGUs not previously
projected.
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\4\ Delaware's progress report SIP focused on inventories of
SO2, NOX and PM2.5 because Delaware
states these pollutants are reasonably anticipated to cause or
contribute to visibility impairment.
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EPA proposes to conclude that Delaware has adequately addressed the
provisions under 40 CFR 51.308(g)(4). While ideally the five-year
period to be analyzed for emissions inventory changes is the time
period since the current regional haze SIP was submitted, availability
of quality-assured data may not always correspond with this period and
there is an inevitable time lag in developing and reporting inventories
such that the most recent data may not be available. Therefore, EPA
believes that there is some flexibility in the five-year time period
states can practically select for tracking emissions changes to meet
this requirement. While Delaware used portions of its 2008 emissions
inventory for comparison with 2002, Delaware also supplemented this
2008 inventory with emissions data for 2011 for the EGU sector and with
additional adjustments for 2012 mobile emissions. EPA believes that
Delaware presented an adequate analysis tracking emissions trends for
SO2, NOX, and PM2.5 since the SIP was
submitted in 2008 to reflect trends over an approximate five year
period using the emissions data available to Delaware. Delaware's
hybrid emissions inventory including 2011 EGU emissions data shows
significant reductions of approximately 28,000 tons of SO2,
13,000 tons of NOX, and 200 tons of PM2.5 from
2008. Furthermore, Delaware has demonstrated that these significant
emissions reductions particularly of SO2 are well beyond
what was projected for 2018, demonstrating greater progress than
projected in 2008.\5\ EPA has also reviewed SO2 and
NOX emissions data from CAMD for Delaware's EGUs for 2012
and preliminary data for 2013 and notes similar significantly reduced
emissions from these sources in 2012 and 2013. EPA believes this
provides sufficient information to support the representativeness of
the five-year period evaluated by Delaware given that the State
identified SO2 emissions from the EGU sector as a main
contributor to visibility impairment at Brigantine Wilderness Area.
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\5\ EPA notes that the State included SO2 and
NOX emissions data for EGUs in Tables 7 and 8 of the
progress report SIP using data from EPA's CAMD database, along with
trends comparing SO2, NOX, and
PM2.5 actual emissions for 2002, 2008, and 2008 plus 2011
EGU data to projected 2018 emissions in Tables 39-43.
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The provisions under 40 CFR 51.308(g)(5) require an assessment of
any significant changes in anthropogenic emissions within or outside
the state that have occurred over the past five years that have limited
or impeded progress in reducing pollutant emissions and improving
visibility in Class I areas impacted by the state's sources. In its
progress report SIP, Delaware states that sulfates continue to be the
biggest single contributor to regional haze at Brigantine Wilderness
Area. However, while Delaware focused its analysis on addressing large
SO2 emissions from point sources, the State also has
addressed NOX, and PM2.5. In its progress report
SIP, Delaware demonstrates that the State's SO2,
NOX, and PM2.5 emissions reductions have by 2012
already significantly exceeded the Delaware 2018 emissions inventory
projections for SO2, NOX, and PM2.5
and demonstrates these reductions have occurred prior to other,
additional state and Federal measures not included in the regional haze
SIP but which Delaware projects will further reduce SO2
emissions including the 2010 SO2 NAAQS, Delaware's new low-
sulfur fuel oil regulation, and the shutdown of Indian River Unit 3.
Therefore, Delaware states that it has not limited nor impeded progress
in reducing pollutant emissions and improving visibility at Brigantine
Wilderness Area.
[[Page 10446]]
EPA proposes to conclude that Delaware has adequately addressed the
provisions under 40 CFR 51.308(g)(5). The State adequately demonstrated
that there are no significant changes in emissions of SO2,
PM2.5, or NOX that have impeded progress in
reducing emissions and improving visibility in the Class I area
impacted by Delaware sources. The State provided data demonstrating
present emission reductions of SO2 from EGUs were greater
than originally projected for 2018 in the State's regional haze SIP and
show an overall significant downward trend in emissions over the period
2002 to 2011.
The provisions under 40 CFR 51.308(g)(6) require an assessment of
whether the current regional haze SIP is sufficient to enable the
state, or other states, to meet the RPGs for Class I areas affected by
emissions from the state. In its progress report SIP, Delaware states
that it believes that the elements and strategies outlined in its
original regional haze SIP are sufficient to enable neighboring states
to meet all established RPGs. To support this conclusion, Delaware
notes that emissions of SO2 as calculated using the 2008
emissions inventory adjusted with 2011 EGU emissions are significantly
less than the 2018 projected emissions of SO2 (16,304 tpy
versus 20,511 tpy, respectively). In addition, Delaware expects even
further reduction of SO2 emissions, particularly for the EGU
sector, due to additional reductions not accounted for in the original
regional haze SIP as discussed in detail previously in this rulemaking
action, further supporting the State's conclusion that the regional
haze SIP's elements and strategies are sufficient to meet established
RPGs. Delaware discusses visibility data from the April 30, 2013
report, Tracking Visibility Progress, 2004-2011, prepared by the
Northeast States for Coordinated Air Use Management (NESCAUM), which
updated the progress at MANE-VU Class I areas during the five year
period ending in 2011 including information for Brigantine Wilderness
Area between 2000 and 2011 in the context of short- and long-term
visibility goals. The report indicates that haze levels on the best and
worst days from 2000 through 2011 have dropped at Brigantine Wilderness
Area. Delaware notes the NESCAUM report indicates the states continue
to be on track to meet their 2018 RPGs for improved visibility and that
further progress may occur through recently adopted or proposed
regulatory programs. Based upon the NESCAUM report and visibility data
within the report for Brigantine Wilderness Area, Delaware states
visibility improvement at Brigantine Wilderness Area has occurred for
the most impaired days and no degradation of visibility has occurred
for the least impaired days. Therefore, Delaware states that New
Jersey's RPGs for Brigantine Wilderness Area are on track to be met
based on visibility improvement and available data.
EPA proposes to conclude that Delaware has adequately addressed the
provisions under 40 CFR 51.308(g)(6). EPA views this requirement as a
qualitative assessment that should evaluate emissions and visibility
trends and other readily available information, including expected
emissions reductions associated with measures with compliance dates
that have not yet become effective. Delaware referenced the improving
visibility trends detailed in the NESCAUM report and the downward
emissions trends in the State, with a focus on SO2 emissions
from Delaware EGUs, that support the State's determination that the
State's regional haze SIP is sufficient for the neighboring state of
New Jersey to meet its RPGs for the Class I area impacted by Delaware
sources.
The provisions under 40 CFR 51.308(g)(7) require a review of the
state's visibility monitoring strategy and an assessment of whether any
modifications to the monitoring strategy are necessary. This
requirement only applies to states with Class I areas within their
borders. EPA proposes to conclude that Delaware has adequately
addressed 40 CFR 51.308(g)(7) because Delaware does not have any Class
I areas within its borders and Delaware is not required to address the
provisions under 40 CFR 51.308(g)(7).
B. Determination of Adequacy of Existing Regional Haze Plan
Under 40 CFR 51.308(h), states are required to take one of four
possible actions based on the information gathered and conclusions made
in the progress report SIP. The following section summarizes the action
taken by Delaware under 40 CFR 51.308(h); Delaware's rationale for the
selected action; and EPA's analysis and proposed determination
regarding the State's action.
In its progress report SIP, Delaware took the action provided for
by the provisions under 40 CFR 51.308(h)(1), which allow a state to
submit a negative declaration to EPA if the state determines that the
existing regional haze SIP requires no further substantive revision at
this time to achieve the RPGs for Class I areas affected by the state's
sources. The basis for the State's negative declaration is the findings
from the progress report SIP (as discussed in section III of this
rulemaking action), including the findings that: SO2
emissions from the State's sources have decreased beyond original
projections; additional EGU control measures not relied upon in the
State's regional haze SIP have occurred or will occur in the
implementation period; and the EGU SO2 emissions in Delaware
are already below the levels projected for 2018 in the regional haze
SIP and are expected to continue to trend downward for the next five
years. EPA and Delaware also expect the downward trend in
SO2 emissions from EGUs in the other MANE-VU states to
continue. EPA proposes to conclude that Delaware has adequately
addressed the provisions under 40 CFR 51.308(h) because the visibility
trends at the Class I area impacted by the State's sources and the
emissions trends of the State's largest emitters of visibility-
impairing pollutants both indicate that Brigantine Wilderness Area,
which is the Class I area impacted by Delaware sources, will be able to
meet or exceed the RPGs for 2018.
IV. EPA's Proposed Action
EPA is proposing to approve Delaware's Regional Haze five-year
progress report SIP revision, submitted September 24, 2013, as meeting
the applicable regional haze requirements as set forth in 40 CFR
51.308(g) and 51.308(h).
V. 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
proposed 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 Order
12866 (58 FR 51735, October 4, 1993);
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
[[Page 10447]]
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 to approve Delaware's regional haze
five-year progress report SIP revision 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, Intergovernmental relations, Nitrogen oxides, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 11, 2014.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2014-04074 Filed 2-24-14; 8:45 am]
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