[Federal Register Volume 87, Number 12 (Wednesday, January 19, 2022)]
[Rules and Regulations]
[Pages 2723-2725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00976]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0554; FRL-9297-01-R3]


Approval and Promulgation of Air Quality Implementation Plan; 
Delaware; Emissions Statement Certification for the 2015 Ozone National 
Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision formally submitted by the Delaware 
Department of Natural Resources and Environmental Control (DNREC). The 
revision provides Delaware's certification that its existing emissions 
statement program satisfies the emissions statement requirements of the 
Clean Air Act (CAA) for the 2015 ozone national ambient air quality 
standard (NAAQS). EPA is approving Delaware's emissions statement 
program certification for the 2015 ozone NAAQS as a SIP revision in 
accordance with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on February 18, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2020-0554. 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.

[[Page 2724]]


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

    On March 31, 2021 (86 FR 16683), EPA published a notice of proposed 
rulemaking (NPRM) that proposed approval of Delaware's certification 
that its emissions statement regulation meets the emissions statement 
requirement of Section 182(a)(3)(B) of the CAA for the 2015 ozone 
NAAQS. The formal SIP revision was submitted by the State of Delaware, 
through DNREC, on August 3, 2020.

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 codified at 7 DE 
Administrative Code 1117 Section 7.0 and were approved by EPA into the 
Delaware SIP on April 29, 1996 (61 FR 7415, February 28, 1996). See 40 
Code of Federal Regulations (CFR) 52.420(c). Table 1 in this document, 
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
------------------------------------------------------------------------
      CAA section 182(a)(3)(B) \1\        7 DE administrative code 1117
              requirement                    section 7.0 requirement
------------------------------------------------------------------------
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 nitrogen oxides     an ozone nonattainment area
 (NOX) or volatile organic compounds      that emit NOX or VOC. This
 (VOCs) provide the State with a          would include marginal and
 statement for classes or categories of   above non-attainment areas.
 sources showing the actual emissions    7 DE Admin Code 1117 Section
 of NOX and VOC from that source.         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 tons per year (tpy) of NOX or    classes or categories of
 VOCs if the State provides an            stationary sources with
 inventory of emissions from such class   facility-wide actual emissions
 or category of sources as required by    of less than 25 tpy of NOX or
 CAA Section 172 and 182.                 VOCs if the class or category
                                          is included in the base year
                                          and periodic ozone SIP
                                          emission inventories.
------------------------------------------------------------------------
\1\ 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.

    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).
    Other specific requirements of DNREC's June 4, 2020 submittal and 
the rationale for EPA's proposed action are explained in the NPRM and 
will not be restated here. Two supportive public comments were received 
on the NPRM.

III. Final Action

    EPA is approving, as a SIP revision, the State of Delaware's 
emissions statement certification for the 2015 ozone NAAQS as 
approvable under CAA Section 182(a)(3)(B). Delaware's emissions 
statement certification certifies that Delaware's existing SIP-approved 
emissions statement 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.

IV. 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);

[[Page 2725]]

     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 circuit by March 21, 2022. 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 Delaware's emissions statement 
certification for the 2015 ozone NAAQS 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: January 10, 2022.
Diana Esher,
Acting Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 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. In Sec.  52.420, the table in paragraph (e) is amended by adding an 
entry for ``Emissions Statement Certification for the 2015 Ozone 
National Ambient Air Quality Standard'' at the end of the table to read 
as follows:


Sec.  52.420   Identification of plan.

* * * * *
    (e) * * *

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                                                             State
   Name of non-regulatory  SIP          Applicable         submittal     EPA approval date        Additional
             revision                 geographic area        date                                explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Emissions Statement Certification  Delaware's portion         8/3/20   1/19/2022, [insert    Certification that
 for the 2015 Ozone National        of the Philadelphia-                Federal Register      Delaware's SIP-
 Ambient Air Quality Standard.      Wilmington-Atlantic                 citation].            approved
                                    City, PA-NJ-MD-DE                                         regulations under
                                    2015 ozone NAAQS                                          7 DE
                                    nonattainment area                                        Administrative
                                    (i.e., New Castle                                         Code 1117 Section
                                    County).                                                  7.0 meet the
                                                                                              emissions
                                                                                              statements
                                                                                              requirements of
                                                                                              CAA Section
                                                                                              182(a)(3)(B) for
                                                                                              the 2008 ozone
                                                                                              NAAQS.
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[FR Doc. 2022-00976 Filed 1-18-22; 8:45 am]
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