[Federal Register Volume 84, Number 68 (Tuesday, April 9, 2019)]
[Proposed Rules]
[Pages 14075-14077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07021]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2018-0825; FRL-9991-93-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Emissions Statements Rule Certification for the 2008 Ozone
National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision formally submitted
by the State of Delaware. Under section 182 of the Clean Air Act (CAA),
states' SIPs must require stationary sources in ozone nonattainment
areas to report annual emissions of nitrogen oxides (NOX)
and volatile organic compounds (VOC). This SIP revision provides
Delaware's certification that its existing emissions statements program
satisfies the emissions statements requirements of the CAA for the 2008
ozone National Ambient Air Quality Standards (NAAQS). EPA is proposing
to approve Delaware's emissions statements program certification for
the 2008 ozone NAAQS as a SIP revision in accordance with the
requirements of the CAA.
DATES: Written comments must be received on or before May 9, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0825 at http://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Sara Calcinore, Office of Air Program
Planning (3AP30), Air Protection Division, U.S. Environmental
Protection Agency, Region 3, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. The telephone number is (215)814-2043. Ms.
Calcinore can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Under the CAA, EPA establishes NAAQS for criteria pollutants in
order to protect human health and the environment. In response to
scientific evidence linking ozone exposure to adverse health effects,
EPA promulgated the first ozone NAAQS, the 0.12 part per million (ppm)
1-hour ozone NAAQS, in 1979. See 44 FR 8202 (February 8, 1979). The CAA
requires EPA to review and reevaluate the NAAQS every 5 years in order
to consider updated information regarding the effects of the criteria
pollutants on human health and the environment. On July 18, 1997, EPA
promulgated a revised ozone NAAQS, referred to as the 1997 ozone NAAQS,
of 0.08 ppm averaged over eight hours. 62 FR 38855. This 8-hour ozone
NAAQS was determined to be more protective of public health than the
previous 1979 1-hour ozone NAAQS. In 2008, EPA strengthened the 8-hour
ozone NAAQS from 0.08 to 0.075 ppm. The 0.075 ppm standard is referred
to as the 2008 ozone NAAQS. See 73 FR 16436 (March 27, 2008).
On May 21, 2012 and June 11, 2012, EPA designated nonattainment
areas for the 2008 ozone NAAQS. 77 FR 30088 and 77 FR 34221. Effective
July 20, 2012, New Castle County and Sussex County in Delaware were
designated as marginal nonattainment for the 2008 ozone NAAQS. New
Castle County was designated as part of the Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE 2008 ozone NAAQS nonattainment area, which
includes the following counties: New Castle in Delaware; Cecil in
Maryland; Atlantic, Burlington, Camden, Cape May, Cumberland,
Gloucester, Mercer, Ocean, and Salem in New Jersey; and Bucks, Chester,
Delaware, Montgomery, and Philadelphia in Pennsylvania. See 40 CFR
81.308, 81.321, 81.331, and 81.339. Sussex County was designated
marginal nonattainment as the Seaford 2008 ozone NAAQS nonattainment
area, which includes only Sussex County. See 40 CFR 81.308.
Section 182 of the CAA identifies plan submission requirements for
ozone nonattainment areas. Specifically, section 182(a)(3)(B) requires
that states develop and submit, as a revision to their SIP, rules which
establish annual reporting requirements for certain stationary sources.
Sources that are within ozone nonattainment areas must annually report
the actual emissions of NOX and VOC to the state. However,
states may waive this reporting requirement for classes or categories
of stationary sources that emit under 25 tons per year (tpy) of
NOX and/or VOC if the state provides an inventory of
emissions from these classes or categories of sources as required by
CAA sections 172 and 182. See CAA section 182(a)(3)(B)(ii).
The EPA published guidance on source emissions statements in a July
[[Page 14076]]
1992 memorandum titled, ``Guidance on the Implementation of an Emission
Statement Program, and in a March 14, 2006 memorandum titled,
``Emission Statement Requirements Under 8-hour Ozone NAAQS
Implementation'' (2006 memorandum). In addition, on March 6, 2015, EPA
issued a final rule addressing a range of nonattainment area SIP
requirements for the 2008 ozone NAAQS, including the emissions
statements requirement of CAA section 182(a)(3)(B) (Implementation of
the 2008 Ozone NAAQS Final Rule). 80 FR 12264, codified at 40 CFR part
51, subpart AA. The 2006 memorandum clarified that the source emission
statements requirement of CAA section 182(a)(3)(B) was applicable to
all areas designated nonattainment for the 1997 ozone NAAQS and
classified as marginal or above under subpart 2, part D, title I of the
CAA. Under EPA's Implementation of the 2008 Ozone NAAQS Final Rule, the
source emissions statements requirement also applies to all areas
designated nonattainment for the 2008 ozone NAAQS. See 80 FR 12264,
12291.
According to the preamble to EPA's Implementation of the 2008 Ozone
NAAQS Final Rule, most areas that are required to have an emissions
statements program for the 2008 ozone NAAQS already have one in place
due to a nonattainment designation for an earlier ozone NAAQS. 80 FR
12264, 12291. The preamble to EPA's Implementation of the 2008 Ozone
NAAQS Final Rule states, ``If an area has a previously approved
emissions statement rule in force for the 1997 ozone NAAQS or the 1-
hour ozone NAAQS that covers all portions of the nonattainment area for
the 2008 ozone NAAQS, such rule should be sufficient for purposes of
the emissions statement requirement for the 2008 ozone NAAQS.'' Id. In
cases where an existing emissions statements rule is still adequate to
meet the emissions statements requirement under the 2008 ozone NAAQS,
states may provide the rationale for that determination to EPA in a
written statement for approval into the SIP to meet the requirements of
CAA section 182(a)(3)(B). Id. In this statement, states should identify
how the emissions statement requirements of CAA section 182(a)(3)(B)
are met by their existing emissions statements rule. Id.
In summary, Delaware is required to submit, as a formal revision to
its SIP, a statement certifying that Delaware's existing emissions
statements program satisfies the requirements of CAA section
182(a)(3)(B) and covers Delaware's portions of the Philadelphia-
Wilmington-Atlantic City, PA-NJ-MD-DE 2008 ozone NAAQS nonattainment
area (i.e. New Castle County) and the Seaford 2008 ozone NAAQS
nonattainment area (i.e. Sussex County).
II. Summary of SIP Revision and EPA Analysis
On June 29, 2018, the State of Delaware, through the Delaware
Department of Natural Resources and Environmental Control (DNREC),
submitted, as a formal revision to its SIP, a statement certifying that
Delaware's existing SIP-approved emissions statements program satisfies
the emissions statements requirements for the 2008 ozone NAAQS. The
provisions that implement Delaware's emissions statements program are
under 7 DE Administrative Code 1117 Section 7.0 Emission Statement and
were approved by EPA into the Delaware SIP on April 29, 1996 (61 FR
7415). See 40 CFR 52.420(c). Table 1 summarizes Delaware's emissions
statements provisions and the corresponding CAA section 182(a)(3)(B)
requirements.
Table 1--Delaware Emissions Statements Provisions and CAA Section
182(a)(3)(B) Requirements
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7 DE administrative code 1117
CAA section 182(a)(3)(B) requirement section 7.0 requirement
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182(a)(3)(B)(i)--For marginal 7 DE Admin Code 1117 Section
nonattainment areas, the State shall 7.1--Emissions statements
submit a SIP revision to require that requirements apply to all
the owner or operator of each stationary sources located in
stationary source of NOX or VOC an ozone nonattainment area
provide the State with a statement for that emit NOX or VOC.
classes or categories of sources 7 DE Admin Code 1117 Section
showing the actual emissions of NOX 7.2--Emissions statements are
and VOC from that source. required to include the
following information: Source
identification information,
operating data, actual
emissions data, control
equipment information, and
process rate information.
182(a)(3)(B)(i)--Emissions statements 7 DE Admin Code 1117 Section
are required to be submitted annually. 7.3--Annual emissions
statements are due April 30
for the preceding calendar
year. DNREC may require more
frequent emissions statements
if required by EPA or if more
frequent analysis of data is
necessary to implement the
requirements of Title 7,
Chapter 60. Environmental
Control of the Delaware Code
(7 Del.C. Chapter 60).
182(a)(3)(B)(i)--Emissions statements 7 DE Admin Code 1117 Section
shall contain a certification that the 7.2--Each emissions statement
information contained in the statement shall include a certification
is accurate to the best knowledge of of the data to ensure that the
the individual certifying the information contained in the
statement. statement is accurate to the
best knowledge of the
individual certifying the
statement, who shall be an
official of the facility and
will take legal responsibility
for the emissions statement's
accuracy.
182(a)(3)(B)(ii)--The State may waive 7 DE Admin Code 1117 Section
the requirements for emissions 7.1--DNREC may, with EPA
statements for any class or category approval, waive the emissions
of stationary sources which emit less statements requirements for
than 25 tpy of NOX or VOC if the State classes or categories of
provides an inventory of emissions stationary sources with
from such class or category of sources facility-wide actual emissions
as required by CAA section 172 and 182. of less than 25 tpy of NOX or
VOCs if the class or category
is included in the base year
and periodic ozone SIP
emission inventories.
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EPA's review of Delaware's submittal finds Delaware's existing,
SIP-approved emissions statements provisions under 7 DE Administrative
Code 1117 Section 7.0 satisfy the emissions statements requirements of
CAA section 182(a)(3)(B) for stationary sources located in marginal or
above nonattainment areas in Delaware, including such sources in New
Castle County and Sussex County, for the 2008 ozone NAAQS.\1\ Pursuant
to CAA section 182(a)(3)(B)(i), Delaware must
[[Page 14077]]
require annual emissions statements from stationary sources of
NOX or VOC located in marginal nonattainment areas. These
emissions statements must be certified by an official of the facility.
As shown in Table 1, 7 DE Administrative Code 1117 Section 7.1 requires
that all stationary sources of NOX and VOC located in an
ozone nonattainment area submit emissions statements to DNREC, except
for those with actual emissions of less than 25 tpy of NOX
or VOC as permitted by CAA section 182(a)(3)(B)(ii). EPA finds Section
7.1 satisfies the requirements of CAA section 182(a)(3)(B)(i) as it
requires that stationary sources located in ozone nonattainment areas
in the State, including Delaware's marginal nonattainment areas for the
2008 ozone NAAQS, submit emissions statements. In addition, 7 DE
Administrative Code 1117 Section 7.2 requires emissions statements be
certified by an official of the facility and Section 7.3 requires
emissions statements be submitted annually on April 30. EPA finds these
provisions satisfy the requirements of CAA section 182(a)(3)(B)(i) for
the 2008 ozone NAAQS as they require emissions statements be certified
and submitted annually.
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\1\ As stated previously, New Castle County and Sussex County in
Delaware are both designated as marginal nonattainment for the 2008
ozone NAAQS.
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EPA also finds Delaware's emissions thresholds for stationary
sources that are required to submit an emissions statement meet the
threshold requirements of CAA section 182(a)(3)(B)(ii). As discussed
previously, pursuant to CAA section 182(a)(3)(B)(ii), states may waive
emissions statements requirements for classes or categories of
stationary sources that emit less than 25 tpy of NOX or VOC
if the state provides an inventory of emissions from such classes or
categories of sources as required by CAA section 172 and 182. As shown
in Table 1, 7 DE Administrative Code 1117 Section 7.1 waives, with EPA
approval, the requirement for emissions statements for classes or
categories of stationary sources with facility-wide actual emissions of
less than 25 tpy of NOX or VOC if the class or category is
included in the base year and periodic ozone emission inventories.
Delaware does provide emissions inventories that include stationary
sources in nonattainment areas that emit less than 25 tpy of
NOX or VOC, as required by CAA sections 172(c)(3) and
182(b)(3)(B)(ii).\2\ Therefore, EPA finds the emissions thresholds of 7
DE Administrative Code 1117 Section 7.1 are consistent with CAA section
182(a)(3)(B)(ii).
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\2\ See, e.g. ``Approval and Promulgation of Air Quality
Implementation Plans; Delaware; 2011 Base Year Inventories for the
2008 8-Hour Ozone National Ambient Air Quality Standard for New
Castle and Sussex Counties,'' 80 FR 59052 (October 1, 2015).
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EPA has determined that the SIP-approved provisions under 7 DE
Administrative Code 1117 Section 7.0 satisfy the requirements of CAA
section 182(a)(3)(B) for the 2008 ozone NAAQS. Therefore, EPA is
proposing to approve, as a SIP revision, the State of Delaware's June
29, 2018 emissions statements certification for the 2008 ozone NAAQS as
approvable under CAA section 182(a)(3)(B).
III. Proposed Action
EPA is proposing to approve, as a SIP revision, the State of
Delaware's June 29, 2018 emissions statements certification for the
2008 ozone NAAQS as approvable under CAA section 182(a)(3)(B).
Delaware's emissions statements certification certifies that Delaware's
existing SIP-approved emissions statements program under 7 DE
Administrative Code 1117 Section 7.0 satisfies the requirements of CAA
section 182(a)(3)(B) for the 2008 ozone NAAQS. EPA is soliciting public
comments on the issues discussed in this document. These comments will
be considered before taking final action.
IV. 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
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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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 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, proposing approval of Delaware's
emissions statements certification for the 2008 ozone NAAQS, 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 dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 29, 2019.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2019-07021 Filed 4-8-19; 8:45 am]
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