[Federal Register Volume 86, Number 60 (Wednesday, March 31, 2021)]
[Proposed Rules]
[Pages 16683-16685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06414]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2020-0554; FRL-10021-57-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Emissions Statement Certification for the 2015 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 Delaware Department of Natural Resources and Environmental
Control (DNREC). Under the Clean Air Act (CAA), a state's SIP must
include an emission statement regulation that requires stationary
sources in ozone nonattainment areas classified as marginal or above to
report annual emissions of nitrogen oxides (NOX) and
volatile organic compounds (VOC). This SIP revision provides Delaware's
certification that its existing emissions statement program satisfies
the emissions statement requirements of the CAA for the 2015 ozone
national ambient air quality standard (NAAQS). EPA is proposing to
approve Delaware's emissions statement program certification for the
2015 ozone NAAQS as a SIP revision in accordance with the requirements
of the CAA.
DATES: Written comments must be received on or before April 30, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2020-0554 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 FUTHER 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://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Serena Nichols, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2053. Ms. Nichols 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 five 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 38856. 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. See 73 FR
16436 (March 27, 2008). In 2015, EPA further lowered the 8-hour ozone
NAAQS from 0.075 ppm to 0.070 ppm. The 0.070 ppm standard is referred
to as the 2015 ozone NAAQS. See 80 FR 65452 (October 26, 2015).
On June 4, 2018 and July 25, 2018, EPA designated nonattainment
areas for the 2015 ozone NAAQS. 83 FR 25776 and 83 FR 35136. Effective
August 3, 2018 (83 FR 25776, June 4, 2018), New Castle County,
Delaware, was designated as marginal nonattainment for the 2015 ozone
NAAQS. New Castle County was designated as part of the Philadelphia-
Wilmington-Atlantic City, PA-NJ-MD-DE 2015 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. Delaware's Kent and Sussex Counties
were designated as attainment areas for the same 2015 Ozone NAAQS. See
40 CFR 81.308.
Section 182 of the CAA identifies plan submissions and requirements
for ozone nonattainment areas. Specifically, CAA section 182(a)(3)(B)
requires that states develop and submit, as a revision to their SIP,
rules which establish annual emission 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 requirement for
sources that emit under 25 tons per year (tpy) of NOX or VOC
if the state provides an inventory of emissions from such class or
category of sources as required by CAA sections 172 and 182. See CAA
section 182(a)(3)(B)(ii).
EPA published guidance on source emissions statements in a July
1992 memorandum titled, ``Guidance on the Implementation of an Emission
Statement Program'' \1\ and in a March 14, 2006 memorandum titled,
``Emission Statement Requirements Under 8-hour Ozone NAAQS
Implementation'' (2006 memorandum).\2\ In addition, on December 6,
2018, EPA issued a final rule addressing a range of nonattainment area
SIP requirements for the 2015 ozone NAAQS, including the emission
statement requirements of CAA section 182(a)(3)(B) (2018 final rule).
83 FR 62998, codified at 40 CFR part 51, subpart CC. The 2006
memorandum clarified that the emissions statement requirement of CAA
section 182(a)(3)(B) was applicable to all areas designated
nonattainment
[[Page 16684]]
for the 1997 ozone NAAQS and classified as marginal or above under
subpart 2, part D, title I of the CAA. Per EPA's 2018 final rule, the
emissions statement requirement also applies to all areas designated
nonattainment for the 2015 ozone NAAQS. 83 FR 62998, 63023 (December 6,
2018).
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\1\ July 1992 memorandum titled, ``Guidance on the
Implementation of an Emission Statement Program'' is available
online at https://www.epa.gov/sites/production/files/2015-09/documents/emission_statement_program_zypdf.pdf. Docket ID: EPA-R03-
QAR-2020-0554.
\2\ March 14, 2006 memorandum titled, ``Emission Statement
Requirements Under 8-hour Ozone NAAQS Implementation'' is available
online at https://www.epa.gov/sites/production/files/2015-07/documents/8hourozone_naaqs_031406.pdf, Docket ID: EPA-R03-OAR-2020-
0554.
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According to the preamble to EPA's 2018 final rule, most areas that
are required to have an emissions statement program for the 2015 ozone
NAAQS already have one in place due to a nonattainment designation for
an earlier ozone NAAQS. 83 FR 62998, 63001 (December 6, 2018). EPA's
2018 final rule states that, ``Many air agencies already have
regulations in place to address certain nonattainment area planning
requirements due to nonattainment designations for a prior ozone NAAQS.
Air agencies should review any existing regulation that was previously
approved by the EPA to determine whether it is sufficient to fulfill
obligations triggered by the revised ozone NAAQS.'' Id. In cases where
an existing emissions statement rule is still adequate to meet the
emissions statement requirement under the 2015 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). 83 FR 62998, 63002 (December 6, 2018). In this
statement, states should identify how the emissions statement
requirements of CAA section 182(a)(3)(B) are met by their existing
emissions statement rule. Id. In summary, Delaware can submit, as a
formal revision to its SIP, a statement certifying that the State's
existing emissions statement program satisfies the requirements of CAA
section 182(a)(3)(B) and covers the State's portion of the
Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment area
for the 2015 ozone NAAQS.
II. Summary of SIP Revision and EPA Analysis
On August 3, 2020, Delaware, through DNREC, submitted as a formal
SIP revision, a statement certifying that Delaware's existing SIP-
approved emissions statement program satisfies the emissions statements
requirements for the 2015 ozone NAAQS and is at least as stringent as
the requirements of CAA section 182(a)(3)(B). 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,
February 28, 1996). 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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CAA Section 182(a)(3)(B) \3\ 7 DE Administrative Code 1117
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. This
classes or categories of sources would include marginal and
showing the actual emissions of NOX above non-attainment areas.
and VOC from that source.
7 DE Admin Code 1117 Section
7.2--Emissions statements are
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--subject sources must
submit to DNREC their annual
emissions statements by 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 statement provisions under 7 DE Administrative
Code 1117 Section 7.0 satisfy the emission statement 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, for the 2015 ozone NAAQS. Pursuant to CAA section
182(a)(3)(B)(i), Delaware must 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). EPA finds Section 7.1 satisfies the requirements of CAA
section 182(a)(3)(B)(i) as it requires
[[Page 16685]]
that stationary sources located in ozone nonattainment areas in the
State, including Delaware's marginal nonattainment areas for the 2008
ozone NAAQS, submit emission statements. In addition, 7 DE
Administrative Code 1117 Section 7.2 requires emissions statements be
certified by and official of the facility and Section 7.3 requires
emissions statements be submitted annually on April 30. EPA proposes to
determine that these provisions satisfy the requirements of CAA section
182(a)(3)(B)(i) for the 2015 ozone NAQQS as they require emissions
statements be certified and submitted annually.
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\3\ Section 182 of the CAA sets out a graduated control program
for ozone nonattainment areas. Section 182(a) sets out requirements
applicable in marginal ozone nonattainment areas, which are also
applicable by sections 182 (b), (c), (d), and (e) to all other ozone
nonattainment areas. See 2015 memorandum titled ``Emission Statement
Requirement Under 8-hour Ozone NAAQS Implementation,'' available
online at https://www.epa.gov/sites/production/files/2015-07/documents/8hourozone_naaqs_031406.pdf, Docket ID: EPA-R03-OAR-2020-
0554.
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EPA also proposes to determine that 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). 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).
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 2015 ozone NAAQS. Therefore, EPA is
proposing to approve, as a SIP revision, the State of Delaware's,
August 3, 2020 emissions statements certification for the 2015 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 August 3, 2020 emissions statements certification for the
2015 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 2015 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 EPA 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 it is not a significant regulatory
action 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 rulemaking, in which EPA is proposing
approval of Delaware's certification that its existing emission
statement program satisfies the emission statement requirements of the
CAA for the 2015 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 24, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021-06414 Filed 3-30-21; 8:45 am]
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