[Federal Register Volume 84, Number 104 (Thursday, May 30, 2019)]
[Proposed Rules]
[Pages 25024-25026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11172]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0741; FRL-9994-41-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Removal of Unnecessary Electric Arc Furnace Regulation and 
References to the Electric Arc Furnace Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve three state implementation plan (SIP) revisions submitted by 
the State of Delaware. One revision requests EPA remove from the 
Delaware SIP a state regulation governing emissions from Electric Arc 
Furnaces (EAF) because there are no such sources in Delaware and the 
State has already repealed this regulation. EPA is further proposing to 
approve minor revisions to two SIP approved regulations which reference 
the repealed EAF regulation in order to remove references to the EAF 
regulation. EPA is proposing approval of these SIP revisions in 
accordance the Clean Air Act (CAA).

DATES: Written comments must be received on or before July 1, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0741 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Elizabeth Gaige, Air Quality Analysis 
Branch (3AD40), Air & Radiation Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
The telephone number is (215) 814-5676. Ms. Gaige can also be reached 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: On May 25, 2018, the State of Delaware, 
through the Department of Natural Resources and Environmental Control 
(DNREC), formally submitted a SIP revision requesting the removal of a 
state regulation found at 7 Delaware Admin. Code 1123--Standards of 
Performance for Steel Plants: Electric Arc Furnaces, from the Delaware 
SIP because it is outdated. Delaware requested removal of 7 Delaware 
Admin. Code 1123 because there are currently no such sources in the 
state of Delaware, and

[[Page 25025]]

more restrictive State and Federal requirements are in place if any new 
EAF are constructed in Delaware in the future. Delaware has already 
repealed and removed 7 Delaware Admin. Code 1123 from Delaware's 
regulations.
    Subsequently, on March 19, 2019, the State of Delaware, through the 
DNREC, formally submitted two more SIP revisions requesting a minor 
revision to state regulation 7 Delaware Admin. Code 1114--Source 
Monitoring, Record Keeping and Reporting, and to state regulation 7 
Delaware Admin. Code 1117--Visible Emissions. Both of these regulations 
contain cross references to the EAF regulation which Delaware has 
repealed, and these two SIP revisions remove these cross references.

I. Background

    Delaware House Bill 147 requires each Executive Branch agency to 
perform a periodic review of existing regulations to determine if any 
should be modified or eliminated. The review identified 7 Delaware 
Admin. Code 1123--Standards of Performance for Steel Plants: Electric 
Arc Furnaces as needing to be eliminated because there are currently no 
such sources in the State of Delaware and more restrictive State and 
Federal requirements are in place should any new EAF be constructed in 
Delaware. The State subsequently identified language in 7 Delaware 
Admin. Code 1114--Source Monitoring, Record Keeping and Reporting and 7 
Delaware Admin. Code 1117--Visible Emissions, that needed to be updated 
because these regulations both refer to 7 Delaware Admin Code 1123--
Standards of Performance for Steel Plants: Electric Arc Furnaces.

II. Summary of SIP Revision and EPA Analysis

    On May 25, 2018, the State of Delaware, through the DNREC, formally 
submitted a SIP revision requesting removal of state regulation 7 
Delaware Admin. Code 1123--Standards of Performance for Steel Plants: 
Electric Arc Furnaces from the Delaware SIP because there are no EAFs 
in Delaware and any future EAF constructed in Delaware would be subject 
to more stringent Federal and State regulations than 7 Delaware Admin. 
Code 1123.
    The removal of 7 Delaware Admin. Code 1123 has no expected 
emissions impact on any pollutant because there are no existing EAFs in 
Delaware and the removal of the regulation is not expected to interfere 
with reasonable further progress, any National Ambient Air Quality 
Standards (NAAQS) or any other CAA requirement. Therefore, the removal 
of 7 Delaware Admin. Code 1123 from the Delaware SIP is in accordance 
with section 110(l) of the CAA.
    On March 19, 2019, the DNREC formally submitted two SIP revisions 
requesting minor amendments to the SIP approved versions of 7 Delaware 
Admin. Code 1114--Source Monitoring, Record Keeping and Reporting and 
to state regulation 7 Delaware Admin. Code 1117--Visible Emissions. In 
order to be consistent with the elimination of 7 Delaware Admin. Code 
1123, the State has already changed 7 Delaware Admin. Code Sections 
1114 and 1117 to remove the references to the repealed EAF regulation. 
Delaware's March 19, 2019 SIP submittal requests that these changes be 
incorporated into the SIP approved versions of these regulations.

III. Proposed Action

    EPA is proposing to approve Delaware's May 25, 2018 and March 19, 
2019 SIP revisions, as the submissions meet the requirements of CAA 
section 110. EPA's review of this material indicates that there are no 
sources in the state of Delaware subject to 7 Delaware Admin. Code 
1123--Standards of Performance for Steel Plants: Electric Arc Furnaces. 
If an EAF is constructed in the future in the State of Delaware, the 
EAF would be subject to more stringent State or Federal requirements. 
EPA is proposing to approve the Delaware SIP revisions, which were 
submitted on May 25, 2018 and March 19, 2019. EPA is soliciting public 
comments on the issues discussed in this document. These comments will 
be considered before taking final action.

IV. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the updated definition of VOC in 7 Delaware Admin. Code 
1114--Source Monitoring, Record Keeping and Reporting, and to state 
regulation 7 Delaware Admin. Code 1117--Visible Emissions, which remove 
references to 7 Delaware Admin Code 1123--Standards of Performance for 
Steel Plants: Electric Arc Furnaces. EPA has made, and will continue to 
make, these materials generally available through http://www.regulations.gov and at the EPA Region III Office (please contact 
the person identified in the For Further Information Contact section of 
this preamble for more information).

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 
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).
    The SIP is not approved to apply on any Indian reservation land as 
defined in 18 U.S.C. 1151 or in any other area where EPA or an Indian 
tribe has

[[Page 25026]]

demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    In addition, this proposed rule, to remove an outdated EAF 
regulation from the Delaware SIP and to amend two other SIP approved 
regulations to remove cross references to the EAF regulation, 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, Particulate matter, Reporting 
and recordkeeping requirements.

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

    Dated: May 17, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2019-11172 Filed 5-29-19; 8:45 am]
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