Rule2023-03099
Air Plan Approval; Delaware; Removal of Excess Emissions Provisions
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
February 14, 2023
Effective
March 16, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a portion of a state implementation plan (SIP) revision submitted by the State of Delaware, through the Delaware Department of Natural Resources and Environmental Control (DNREC), on November 22, 2016. The revision was submitted in response to EPA's finding of substantial inadequacy and SIP call published on June 12, 2015, which included certain provisions in the Delaware SIP related to excess emissions during startup, shutdown, and malfunction (SSM) events. EPA is approving two specific provisions of the submitted SIP revision and finds that such SIP revision corrects some of the deficiencies in Delaware's SIP identified in the 2015 SSM SIP Action. EPA plans to act on the remainder of the SIP revision in a separate action or actions.
Full Text
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<title>Federal Register, Volume 88 Issue 30 (Tuesday, February 14, 2023)</title>
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[Federal Register Volume 88, Number 30 (Tuesday, February 14, 2023)]
[Rules and Regulations]
[Pages 9399-9401]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03099]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2017-0090; FRL-10222-02-R3]
Air Plan Approval; Delaware; Removal of Excess Emissions
Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
portion of a state implementation plan (SIP) revision submitted by the
State of Delaware, through the Delaware Department of Natural Resources
and Environmental Control (DNREC), on November 22, 2016. The revision
was submitted in response to EPA's finding of substantial inadequacy
and SIP call published on June 12, 2015, which included certain
provisions in the Delaware SIP related to excess emissions during
startup, shutdown, and malfunction (SSM) events. EPA is approving two
specific provisions of the submitted SIP revision and finds that such
SIP revision corrects some of the deficiencies in Delaware's SIP
identified in the 2015 SSM SIP Action. EPA plans to act on the
remainder of the SIP revision in a separate action or actions.
DATES: This final rule is effective on March 16, 2023.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2017-0090. All documents in the docket are listed on
the <a href="http://www.regulations.gov">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="http://www.regulations.gov">www.regulations.gov</a>, 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, Four Penn Center, 1600
John F. Kennedy Boulevard, Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814-2030. Ms. Moser can also be reached via
electronic mail at <a href="/cdn-cgi/l/email-protection#066b69756374286b676a6a69747f4663766728616970"><span class="__cf_email__" data-cfemail="0c61637f697e22616d6060637e754c697c6d226b637a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' is used, it means the EPA.
I. Background
On October 12, 2022 (87 FR 61555), we proposed to approve two
specific provisions of a SIP revision submitted by the State of
Delaware, through DNREC, on November 22, 2016. In that proposal, we
also proposed to determine that the portion of the SIP revision we are
approving corrects some of the deficiencies with respect to Delaware's
SIP that we identified in our June 12, 2015 action entitled ``State
Implementation Plans: Response to Petition for Rulemaking; Restatement
and Update of EPA's SSM Policy Applicable to SIPs; Findings of
Substantial Inadequacy; and SIP Calls to Amend Provisions Applying to
Excess Emissions During Periods of Startup, Shutdown, and Malfunction''
(2015 SSM SIP Action). 80 FR 33840. The reasons for our proposed
approval and determination are stated in the proposal for this action
and will not be restated here. 87 FR 61555 (October 12, 2022). The
public comment period for our proposed approval and determination ended
on November 14, 2022. One comment was received and is described below.
II. Summary of Delaware's SIP Revision Related to This Action
Delaware submitted a SIP revision on November 22, 2016, in response
to the SIP call issued in the 2015 SSM SIP Action. Delaware's 2016 SIP
submission
[[Page 9400]]
addressed all the SIP provisions identified in the SIP call, but this
action is only addressing the portion of Delaware's submittal that
pertains to Title 7 of Delaware's Administrative Code (7 DE Admin.
Code) 1124, Section 1.4, and 7 DE Admin. Code 1142 Section 2.3.1.6. The
provisions of 7 DE Admin. Code 1124 regulate various coating and non-
coating sources of volatile organic compounds, while 7 DE Admin. Code
1142 controls emissions of oxides of nitrogen (NO<INF>X</INF>) from
industrial boilers and process heaters at petroleum refineries. Both 7
DE Admin. Code 1124, Section 1.4 and 7 DE Admin. Code 1142, Section
2.3.1.6, allowed for exemptions from otherwise applicable emission
limitations during periods of startup and shutdown of equipment. On
July 11, 2022, EPA published a Final Rule which removed the SSM
provisions contained in 7 DE Admin. Code 1108, from the Delaware
SIP.\1\ EPA is acting on these two provisions next because they are
subject to a court ordered deadline of February 22, 2023, whereas the
four remaining provisions have court ordered deadlines of June 22,
2023, for a proposed action, and October 20, 2023, for a final action.
Delaware's 2016 SIP submission showed that these two regulatory
provisions had been removed from Delaware's regulations, and therefore
Delaware requested that EPA remove these provisions from the Delaware
SIP.
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\1\ 87 FR 41074.
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III. EPA's Response to Comments Received
EPA received one comment which can be found in the docket. The
commenter expressed support for this action to the extent that it
approved Delaware's revision to correct two of the SSM exemptions
identified in the 2015 SSM SIP Action. However, the commenter urged EPA
to take action to address the other four SSM provisions in Delaware's
SIP that were identified in the 2015 SSM SIP Action. EPA acknowledges
this comment supporting the removal of the two provisions at issue in
this action, and notes that additional actions are planned for the
other Delaware SIP provisions cited in the 2015 SSM SIP Action.
IV. Final Action
EPA is approving the portion of Delaware's November 22, 2016, SIP
submission addressing 7 DE Admin. Code 1124 Section 1.4, and 7 DE
Admin. Code 1142 Section 2.3.1.6. EPA has also determined this SIP
revision partially corrects the deficiency identified in EPA's 2015 SSM
SIP Action. EPA will address the remaining deficiencies in 7 DE Admin.
Code 1104 Section 1.5, 7 DE Admin. Code 1105 Section 1.7, 7 DE Admin.
Code 1109 Section 1.4, and 7 DE Admin. Code 1114 Section 1.3 in a
separate action or actions.
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 the State of
Delaware's revised 7 DE Admin Code 1124, Control of Volatile Organic
Compound Emissions, and 1142, Specific Emission Control Requirements,
as described in Section II of this preamble and set forth below in the
amendments to part 52. EPA has made, and will continue to make, these
materials generally available through <a href="http://www.regulations.gov">www.regulations.gov</a> 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 Clean Air Act (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.\2\
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\2\ 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:
<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);
<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).
[[Page 9401]]
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 April 17, 2023. 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, which corrects two of the deficiencies in
Delaware's SIP identified in the 2015 SSM SIP Action 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 oxides, Volatile
organic compounds.
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. Amend Sec. 52.420, the table in paragraph (c):
0
a. Under the heading ``1124 Control of Volatile Organic Compound
Emissions'' by revising the entry ``Section 1.0''; and
0
b. Under the heading ``1142 Specific Emission Control Requirements'' by
revising the entries ``Section 1.0'' and ``Section 2.0''.
The revisions 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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1124 Control of Volatile Organic Compound Emissions
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Section 1.0...................... General Provisions. 1/11/2017 February 14, 2023 Removing subsection
[INSERT Federal 1.4 from the
Register CITATION]. Delaware SIP.
Previous approval
August 11, 2010.
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1142 Specific Emission Control Requirements
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Section 1.0...................... Control of NOX 1/11/2017 February 14, 2023, Making small, non-
Emissions from [INSERT Federal substantive style
Industrial Boilers. Register CITATION]. changes. Previous
approval August
11, 2010.
Section 2.0...................... Control of NOX 1/11/2017 February 14, 2023, Removing subsection
Emissions from [INSERT Federal 2.3.1.6 from the
Industrial Boilers Register CITATION]. Delaware SIP and
and Process making small, non-
Heaters at substantive style
Petroleum changes. Previous
Refineries. approval May 15,
2012.
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[FR Doc. 2023-03099 Filed 2-13-23; 8:45 am]
BILLING CODE 6560-50-P
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