[Federal Register Volume 87, Number 131 (Monday, July 11, 2022)]
[Rules and Regulations]
[Pages 41074-41076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14715]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2014-0204; FRL-9440-02-R3]
Air Plan Approval; Delaware; Sulfur Content of Fuel Oil
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 submitted by the State of Delaware.
The revision pertains to the reduction of the maximum allowable sulfur
content limit for distillate fuels, from a current limit of 3000 parts
per million (ppm) (0.3% by weight) to 15 ppm (0.0015% by weight) and
residential fuels from a current limit of 1.0% by weight to 0.5% by
weight. This revision also adds requirements for sampling and testing
along with certification and recordkeeping. Additionally, start up,
shut down and malfunction provisions that were previously included in
the Delaware SIP have been removed in this revision. EPA has determined
that such removal corrects a deficiency identified in the June 12,
2015, SIP call issued to Delaware. EPA is approving the revision to the
Delaware SIP in accordance with the requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective August 10, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0204. 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: Mallory Moser, 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-
2030. Ms. Moser can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On January 28, 2022 (87 FR 4528), EPA published a notice of
proposed rulemaking (NPRM) for the State of Delaware which proposed to
approve a revision to Title 7 of Delaware's Administrative Code (7 DE
Admin. Code) 1108--Sulfur Dioxide Emissions from Fuel Burning Equipment
into the Delaware SIP. The revision will reduce the amount of sulfur in
fuel oils used in fuel burning units.\1\ The revised regulation also
establishes the date of compliance and adds necessary record keeping
and recording provisions to ensure compliance with the regulation.
Additionally, the revision removes start up, shut down and malfunction
provisions that were previously included in the Delaware SIP. The
formal SIP revision was submitted by Delaware on July 10, 2013, and
amended on August 19, 2016, by a supplemental letter from Delaware
Department of Natural Resources and Environmental Control (DNREC)
withdrawing a portion of Section 3.0 of 7 DE Admin. Code 1108. The
letter is
[[Page 41075]]
available in the docket for this rulemaking and online at
www.regulations.gov.
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\1\ A ``fuel burning unit'' is defined as ``each unit, or any
combination of units discharging to a common stack used for the
burning of fuel or other combustible material for the primary
purpose of utilizing the thermal energy released.'' This definition
is included in the Delaware SIP at 40 CFR 52.420(c).
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II. Summary of SIP Revision and EPA Analysis
The SIP revision incorporates amendments to 7 DE Admin. Code 1108--
Sulfur Dioxide Emissions from Fuel Burning Equipment which sets the
allowable content of sulfur in fuel oils combusted in Delaware. The
amendments reduce the SIP approved maximum allowable sulfur content
limit for distillate fuels to 15 ppm, and for residential fuel to 0.5%
by weight. For any other fuel, the sulfur content would remain 1.0% by
weight.
In addition, the amendments to 7 DE Admin. Code 1108 respond to a
SIP call issued by EPA for this provision as part of a national action
to address startup, shutdown and malfunction (SSM) SIP provisions which
are contrary to the CAA and existing EPA guidance.\2\ The SIP
submission from Delaware, that is the subject of this action, contains
a revised version of 7 DE Admin. Code 1108 to delete the language
identified in the 2015 SSM SIP call, formerly at Section 1.2, which
allowed for impermissible exemptions from the low sulfur fuel oil
provisions.
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\2\ After issuing a statement in 2020 to change aspects of the
policy articulated in the 2015 SSM SIP Action, EPA in 2021
reinstated and reaffirmed the 2015 policy (see September 30, 2021,
memorandum ``Withdrawal of the October 9, 2020, Memorandum
Addressing Startup, Shutdown, and Malfunctions in State
Implementation Plans and Implementation of the Prior Policy,'' from
Janet McCabe, Deputy Administrator). Neither the 2020 nor 2021
guidance memoranda affected the SSM SIP call for Delaware, and, as
stated in the McCabe memorandum, EPA intends to implement the 2015
SSM SIP Action, including taking this action on the SIP submittal in
partial response to the 2015 SIP call.
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This SIP revision to implement low sulfur fuel oil provisions is
expected to reduce regional haze and visibility impairment in Delaware.
Additionally, decreased emissions of sulfur dioxide (SO2)
will contribute to the attainment, maintenance, or both, of the
SO2 and fine particulate matter (PM2.5) national
ambient air quality standards (NAAQS) in Delaware and the surrounding
areas. Other specific requirements of the SIP revision and the
rationale for EPA's proposed action are explained in the NPRM and will
not be restated here. Relevant support documents for this action are
available online at https://www.regulations.gov, Docket number EPA-R03-
OAR-2014-0204.
III. EPA's Response to Comments Received
EPA received four comments in total, two of which were supportive
and can be found in the docket. The remaining two comments EPA received
were generally supportive but raised issues beyond the scope of this
rulemaking. One comment supported this action generally but suggested
additional sulfur reductions should be encouraged by phasing out fossil
fuels and investing ``in infrastructure that supports the use of
electric cars.'' Another comment approved of this action to the extent
that it approved Delaware's revision to correct one of the SSM
exemptions identified in the SSM SIP Call, but admonished EPA for not
yet taking action to address the other six SSM provisions in Delaware's
SIP that were identified in the SSM SIP Call. EPA acknowledges both
comments and the feedback provided. However, the concerns expressed by
both commenters are beyond the scope of this rulemaking action, and no
response by EPA to those comments is required.
IV. Final Action
EPA is approving, as a SIP revision, the State of Delaware's July
10, 2013, submittal reducing the amount of sulfur in fuel oils and
removing SSM provisions from this portion of the Delaware SIP. EPA has
determined that such approval corrects a deficiency identified in the
June 12, 2015, SIP call issued to Delaware. EPA is approving the
revision to the Delaware SIP in accordance with the requirements of the
CAA.
V. 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 Delaware's
Sulfur Dioxide Emissions from Fuel Burning Equipment requirements as
described in 7 DE Admin. Code 1108, not including the last sentence of
section 3.0, which Delaware withdrew from this SIP revision. EPA has
made, and will continue to make, these materials generally available
through https://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 the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\3\
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\3\ 62 FR 27968 (May 22, 1997).
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VI. 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);
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
[[Page 41076]]
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 September 9, 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 regarding fuel oil sulfur limits for combustion and
sale in the State of Delaware 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, Particulate matter, Regional haze, Sulfur oxides.
Adam Ortiz,
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:
0
a. In the table in paragraph (c) under the heading ``1108 Sulfur
Dioxide Emissions from Fuel Burning Equipment'':
0
i. Revise the entries ``Section 1.0'', ``Section 2.0'', and ``Section
3.0''; and
0
ii. Add the entries ``Section 4.0'' and ``Section 5.0'' in numerical
order.
The revisions and additions read as follows:
Sec. 52.420 Identification of plan.
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(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
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1108 Sulfur Dioxide Emissions From Fuel Burning Equipment
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Section 1.0..................... General Provisions.... 07/11/2013 7/11/2022, [insert ..............
Federal Register
citation].
Section 2.0..................... Limit on Sulfur 07/11/2013 7/11/2022, [insert ..............
Content of Fuel. Federal Register
citation].
Section 3.0..................... Emissions Control in 07/11/2013 7/11/2022, [insert ..............
Lieu of Sulfur Federal Register
Content Limits of 2.0 citation].
of this Regulation.
Section 4.0..................... Sampling and Testing 07/11/2013 7/11/2022, [insert ..............
Methods and Federal Register
Requirements. citation].
Section 5.0..................... Recordkeeping and 07/11/2013 7/11/2022, [insert ..............
Reporting. Federal Register
citation].
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[FR Doc. 2022-14715 Filed 7-8-22; 8:45 am]
BILLING CODE 6560-50-P