Rule2022-00976
Approval and Promulgation of Air Quality Implementation Plan; Delaware; Emissions Statement Certification for the 2015 Ozone National Ambient Air Quality Standard
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 19, 2022
Effective
February 18, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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).
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 12 (Wednesday, January 19, 2022)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00976]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="/cdn-cgi/l/email-protection#0a4463696265667924596f786f646b4a6f7a6b246d657c"><span class="__cf_email__" data-cfemail="e0ae8983888f8c93ceb38592858e81a0859081ce878f96">[email protected]</span></a>.
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 <a href="https://www.epa.gov/sites/production/files/2015-07/documents/8hourozone_naaqs_031406.pdf">https://www.epa.gov/sites/production/files/2015-07/documents/8hourozone_naaqs_031406.pdf</a>, 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:
<bullet> 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]]
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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) * * *
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2022-00976 Filed 1-18-22; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 19, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.