[Federal Register Volume 84, Number 149 (Friday, August 2, 2019)]
[Rules and Regulations]
[Pages 37772-37774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16438]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0741; FRL-9997-68-Region3]


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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 (EAFs) 
because there are no such sources in Delaware and the State has already 
repealed this regulation. Delaware's remaining SIP revisions amend two 
SIP approved regulations in order to remove references to the EAF 
regulation. EPA is approving these revisions to remove the EAF 
regulation and references to the EAF regulation in accordance with the 
requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on September 3, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2018-0741. All documents in the docket are listed on 
the https://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (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 through 
https://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

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: 

I. Background

    On May 30, 2019 (84 FR 25024), EPA published a notice of proposed 
rulemaking (NPRM) for the State of Delaware. In the NPRM, EPA proposed 
to approve the removal from the Delaware SIP of a state regulation 
governing emissions from EAFs because there are no such sources in 
Delaware and the State has already repealed this regulation. In the May 
30, 2019 NPRM, EPA also proposed to approve minor revisions to two SIP 
approved regulations to remove references to the EAF regulation. The 
formal SIP revisions were submitted by Delaware on May 25, 2018 and 
March 19, 2019.

II. Summary of SIP Revision and EPA Analysis

    On May 25, 2018, the State of Delaware, through the Department of 
Natural Resources and Environmental Control (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 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--Visible Emissions, and to state regulation 7 Delaware 
Admin. Code 1117--Source Monitoring, Record Keeping and Reporting. 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.
    On May 30, 2019 (84 FR 25024), EPA published a NPRM proposing to 
approve the removal from the Delaware SIP of a state regulation 
governing

[[Page 37773]]

emissions from EAFs because there are no such sources in Delaware and 
the State has already repealed this regulation. EPA's NPRM also 
proposed approval of minor revisions to two SIP approved regulations 
referencing the repealed EAF regulation in order to remove the 
references to the removed EAF regulation. EPA's rationale for EPA's 
proposed action are explained in the NPRM and will not be restated 
here.
    EPA received a comment from DNREC asking that EPA correct errors in 
the NPRM. The citations to 7 Delaware Admin. Code sections 1114 and 
1117 were switched in the text of the proposed rule. The correct 
headings are ``7 Delaware Admin. Code 1114--Visible Emissions'' and ``7 
Delaware Admin. Code 1117--Source Monitoring, Record Keeping and 
Reporting.'' EPA thanks DNREC for the comment and has used the correct 
numbers and headings in the Final Rulemaking Notice (FRN). DNREC also 
pointed to the ``Incorporation by Reference'' section of the NPRM where 
EPA mistakenly wrote ``updated definition of VOC'' instead of ``updated 
EAF regulations.'' EPA thanks DNREC for this comment and has not made 
the same error in the FRN.

III. Final Action

    EPA is approving removal of 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 more restrictive State and Federal 
requirements are in place if a new EAF is constructed in Delaware in 
the future. EPA is also approving minor revisions to state regulation 7 
Delaware Admin. Code 1114--Visible Emissions, and to state regulation 7 
Delaware Admin. Code 1117--Source Monitoring, Record Keeping and 
Reporting. Both of these regulations contain cross references to the 
EAF regulation which Delaware has repealed, and these two SIP revisions 
remove the cross references.

IV. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of newly amended 
state regulations 7 Delaware Admin. Code 1114--Visible Emissions, and 7 
Delaware Admin. Code 1117--Source Monitoring, Record Keeping and 
Reporting. The previous versions of these regulations contained cross 
references to the repealed EAF regulation. Also in this document, as 
described in the finalized amendments to 40 CFR part 52 set forth 
below, EPA is finalizing the removal of the 7 Delaware Admin. Code 
1123--Standards of Performance for Steel Plants: Electric Arc Furnaces 
provisions of the EPA-Approved Delaware Regulations and Statutes from 
the Delaware State Implementation Plan, which is incorporated by 
reference in accordance with the requirements of 1 CFR part 51. EPA has 
made, and will continue to make, these materials generally available 
through 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). Therefore, these 
materials have been approved by EPA for inclusion in the SIP, have been 
incorporated by reference by EPA into that plan, are fully Federally 
enforceable under sections 110 and 113 of the CAA as of the effective 
date of this final rulemaking, and will be incorporated by reference in 
the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

A. General Requirements

    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 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 rule 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.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate

[[Page 37774]]

circuit by October 1, 2019. Filing a petition for reconsideration by 
the Administrator of this final rule does not affect the finality of 
this action 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, 
approving the removal from the SIP of a state regulation governing 
emissions from EAFs because there are no such sources in Delaware and 
removing references to the EAF regulation in two other SIP approved 
state regulations, may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: July 22, 2019.
Cosmo Servidio,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart I--Delaware

0
2. Amend Sec.  52.420, in the table in paragraph (c):
0
a. Under ``1114 Visible Emissions'' by revising the entries for 
``Section 1.0, General Provisions'' and ``Section 2.0 Requirements'';
0
b. Under ``1117, Source Monitoring, Recordkeeping and Reporting'', by 
revising the entry ``Section 3.0, Minimum Emission Monitoring 
Requirements for Existing Sources''; and
0
c. Removing the heading ``1123, Standards of Performance for Steel 
Plants: Electric Arc Furnaces'', including the entries ``Section 1.0'' 
through ``Section 5.0''. The revisions read as follows:


Sec.  52.420   Identification of plan.

* * * * *
    (c) * * *

                            EPA-Approved Regulations and Statutes in the Delaware SIP
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                                                            State                                 Additional
State regulation (7 DNREC 1100)      Title/subject     effective date    EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                             1114 Visible Emissions
----------------------------------------------------------------------------------------------------------------
Section 1.0....................  General Provisions..       9/11/2008  8/2/2019, [Insert     Remove the phrase,
                                                                        Federal Register      ``except electric
                                                                        citation].            arc furnaces and
                                                                                              their associated
                                                                                              dust-handling
                                                                                              equipment as set
                                                                                              forth in 2.2 of
                                                                                              this regulation.''
Section 2.0....................  Requirements........       9/11/2008  8/2/2019, [Insert     Remove the
                                                                        Federal Register      requirement of
                                                                        citation].            2.2, which reads
                                                                                              ``2.2 The
                                                                                              requirements of
                                                                                              2.1 of this
                                                                                              regulation shall
                                                                                              not apply to
                                                                                              electric arc
                                                                                              furnaces, and
                                                                                              their associated
                                                                                              dust-handling
                                                                                              equipment, with a
                                                                                              capacity of more
                                                                                              than 100 tons
                                                                                              which are governed
                                                                                              by 7 DE Admin.
                                                                                              Code 1123.''
 
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                               1117 Source Monitoring, Recordkeeping and Reporting
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                                                  * * * * * * *
Section 3.0....................  Minimum Emission           9/11/2008  8/2/2019, [Insert     Revise 3.2 so that
                                  Monitoring                            Federal Register      it reads, ``3.2
                                  Requirements for                      citation].            Fuel Burning
                                  Existing Sources.                                           Equipment--Fuel
                                                                                              burning equipment
                                                                                              except as provided
                                                                                              in 3.2 through 3.4
                                                                                              of this regulation
                                                                                              . . .'' And remove
                                                                                              3.5, ``Electric
                                                                                              arc furnaces--See
                                                                                              7 DE Admin. Code
                                                                                              1123.''
 
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[FR Doc. 2019-16438 Filed 8-1-19; 8:45 am]
 BILLING CODE 6560-50-P