[Federal Register Volume 84, Number 70 (Thursday, April 11, 2019)]
[Proposed Rules]
[Pages 14640-14641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07115]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0795; FRL-9992-13-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Negative Declaration for the Oil and Natural Gas Industry 
Control Techniques Guidelines

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 submitted by the 
State of Delaware. This revision pertains to a negative declaration for 
the October 2016 Oil and Natural Gas Control Techniques Guidelines 
(CTG) (2016 Oil and Gas CTG). This action is being taken under the 
Clean Air Act (CAA).

DATES: Written comments must be received on or before May 13, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0795 at https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Erin Trouba, (215) 814-2023, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The revision consists of the State of Delaware's negative 
declaration for the October 2016 Oil and Natural Gas CTG. On October 
27, 2016, EPA published in the Federal Register the ``Release of Final 
Control Techniques Guidelines for the Oil and Natural Gas Industry.'' 
81 FR 74798. The CTG provided information to state, local, and tribal 
air agencies to assist them in determining reasonably available control 
technology (RACT) for volatile organic compounds (VOC) emissions from 
select oil and natural gas industry emission sources. Section 
182(b)(2)(A) of the CAA requires that for ozone nonattainment areas

[[Page 14641]]

classified as Moderate, states must revise their SIPs to include 
provisions to implement RACT for each category of VOC sources covered 
by a CTG document issued between November 15, 1990, and the date of 
attainment. Section 184(b)(1)(B) of the CAA extends this requirement to 
states in the Ozone Transport Region (OTR). States with no applicable 
sources for a specific CTG may submit as a SIP revision a negative 
declaration stating that there are no applicable sources in the state.

II. Summary of SIP Revision and EPA Analysis

    On June 28, 2018, Delaware's Department of Natural Resources and 
Environmental Control (DNREC) submitted to EPA a SIP revision 
concerning a negative declaration for the 2016 Oil and Gas CTG. In its 
submittal, DNREC stated that the State has no sources applicable to 
this CTG. This conclusion is based in part on Delaware's investigation 
of three companies identified through an EPA information collection 
request (ICR) letter, as facilities in Delaware where the 2016 Oil and 
Gas CTG was potentially applicable. DNREC investigated the status of 
the three facilities. The results of the investigation are detailed in 
Delaware's submittal which demonstrates that the 2016 Oil and Gas CTG 
is not applicable to the three facilities in question. Delaware stated 
that it also reviewed State air permits, emissions inventory files, and 
business listings and found no applicable facilities in the State. 
DNREC asserts that there are no facilities in the State that are 
currently involved in oil and gas production and processing activities 
covered by the 2016 Oil and Gas CTG.

III. Proposed Action

    EPA is proposing to approve the Delaware SIP revision concerning 
the negative declaration for the 2016 Oil and Gas CTG, which was 
submitted on June 28, 2018. 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, Delaware's negative declaration 
for the 2016 Oil and Gas CTG, 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, Ozone, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: April 1, 2019.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2019-07115 Filed 4-10-19; 8:45 am]
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