
[Federal Register: May 30, 2008 (Volume 73, Number 105)]
[Proposed Rules]               
[Page 31043-31046]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30my08-13]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-0449; FRL-8574-2]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Reasonably Available Control Technology Under the 8-Hour 
Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the State of Delaware. This SIP revision pertains 
to the requirements in meeting the reasonably available control 
technology (RACT) under the 8-hour ozone national ambient air quality 
standard (NAAQS). These requirements are based on: Certification that 
previously adopted RACT controls in Delaware's SIP that were approved 
by EPA under the 1-hour ozone NAAQS are based on the currently 
available technically and economically feasible controls, and that they 
continue to represent RACT for the 8-hour implementation purposes; the 
adoption of new or more stringent regulations that represent RACT 
control levels; and a negative declaration that certain categories of 
sources do not exist in Delaware. This action is being taken under the 
Clean Air Act (CAA).

DATES: Written comments must be received on or before June 30, 2008.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-0449 by one of the following methods:
    A. http://www.regulations.gov. Follow the online instructions for 
submitting comments.
    B. E-mail: fernandez.cristina@epa.gov.
    C. Mail: EPA-R03-OAR-2007-0449, Cristina Fernandez, Chief, Air 
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2007-0449. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of

[[Page 31044]]

encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., 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 either electronically in http://
www.regulations.gov or in hard copy during normal business hours at the 
Air Protection Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the 
State submittal are available at the Delaware Department of Natural 
Resources and Environmental Control, 89 Kings Highway, P.O. Box 1401, 
Dover, Delaware 19901.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at quinto.rose@epa.gov.

SUPPLEMENTARY INFORMATION: On October 2, 2006, the Delaware Department 
of Natural Resources and Environmental Control (DNREC) submitted a 
revision to its SIP that addresses the requirements of RACT under the 
8-hour ozone NAAQS. On October 5, 2006, DNREC submitted a supplement to 
this SIP revision.

I. Background

    Ozone is formed in the atmosphere by photochemical reactions 
between volatile organic compounds (VOC), oxides of nitrogen 
(NOX) and carbon monoxide (CO) in the presence of sunlight. 
In order to reduce ozone concentrations in the ambient air, the CAA 
requires all nonattainment areas to apply control on VOC/NOX 
emission sources to achieve emission reductions. Among effective 
control measures, RACT controls are a major group for reducing VOC and 
NOX emissions from stationary sources.
    RACT is defined as the lowest emission limitation that a particular 
source is capable of meeting by the application of control technology 
that is reasonably available considering technological and economic 
feasibility (44 FR 53761 at 53762, September 17, 1979). Section 182 of 
the CAA sets forth two separate RACT requirements for ozone 
nonattainment areas. The first requirement, contained in section 
182(a)(2)(A) of the CAA, and referred to as RACT fix-up requires the 
correction of RACT rules for which EPA identified deficiencies before 
the CAA was amended in 1990. Delaware has no deficiencies to correct 
under this section of the CAA. The second requirement, set forth in 
section 182(b)(2) of the CAA, applies to moderate (or worse) ozone 
nonattainment areas as well as to marginal and attainment areas in 
ozone transport regions (OTRs) established pursuant to section 184 of 
the CAA, and requires these areas to implement RACT controls on all 
major VOC and NOX emission sources and on all sources and 
source categories covered by a control technique guideline (CTG) issued 
by EPA.
    Under the 1-hour ozone NAAQS, Kent and New Castle Counties in 
Delaware were designated part of a severe ozone nonattainment area, and 
Sussex County was designated as a marginal ozone nonattainment area 
located in an OTR. Therefore, all three counties were subject to RACT 
requirements under the 1-hour ozone standard. Since the early 1990s, 
Delaware implemented numerous RACT controls throughout the State to 
meet the CAA RACT requirements. These RACT controls were promulgated in 
the Delaware Air Pollution Control Regulation No. 24 for VOC sources 
and Regulation No. 12 for NOX sources.
    Under the 8-hour ozone NAAQS, the entire State of Delaware (Kent, 
New Castle and Sussex Counties) is a part of the Philadelphia moderate 
nonattainment area, and is therefore subject to the CAA requirements. 
Delaware is required to submit to EPA a SIP revision that addresses how 
Delaware meets the RACT requirements under the 8-hour ozone standard. 
The entire State of Delaware is also part of the OTR established under 
section 184 of the CAA.
    EPA requires under the 8-hour ozone NAAQS that states meet the CAA 
RACT requirements, either through a certification that previously 
adopted RACT controls in their SIP revisions approved by EPA under the 
1-hour ozone NAAQS represent adequate RACT control levels for 8-hour 
attainment purposes, or through the adoption of new or more stringent 
regulations that represent RACT control levels. A certification must be 
accompanied by appropriate supporting information such as consideration 
of information received during the public comment period and 
consideration of new data. This information may supplement existing 
RACT guidance documents that were developed for the 1-hour standard, 
such that the State's SIP accurately reflects RACTs for the 8-hour 
ozone standard based on the current availability of technically and 
economically feasible controls. Adoption of new RACT regulations will 
occur when states have new stationary sources not covered by existing 
RACT regulations, or when new data or technical information indicates 
that a previously adopted RACT measure does not represent a newly 
available RACT control level. Another 8-hour ozone NAAQS requirement 
for RACT is to submit a negative declaration that there are no CTG or 
non-CTG major sources of VOC and NOX emissions within 
Delaware.

II. Summary of SIP Revision

    Delaware's SIP revision contains the requirements of RACT set forth 
by the CAA under the 8-hour ozone NAAQS. Delaware's SIP revision 
satisfies the 8-hour RACT requirements through (1) certification that 
previously adopted RACT controls in Delaware's SIP that were approved 
by EPA under the 1-hour ozone NAAQS are based on the currently 
available technically and economically feasible controls, and continues 
to represent RACT for the 8-hour implementation purposes; (2) the 
adoption of new or more stringent regulations that represent RACT 
control levels; and (3) a negative declaration that certain CTG or non-
CTG major sources of VOC and NOX sources do not exist in 
Delaware.

VOC RACT Controls

    Delaware Air Pollution Control Regulation No. 1124 (formerly 
Regulation 24) contains Delaware's VOC RACT controls that were 
implemented and approved in the Delaware SIP under the 1-hour ozone 
NAAQS.
    Table 1 lists Delaware's VOC RACT controls.

[[Page 31045]]



                                     Table 1.--Delaware's VOC RACT Controls
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                                Control of volatile organic compound emissions (formerly Regulation 24)
                     -------------------------------------------------------------------------------------------
   Regulation 1124                                 State effective      Federal
                          Title of regulation            date        Register date             Citation
----------------------------------------------------------------------------------------------------------------
Section 10..........  Aerospace Coatings.........         02/11/03         03/24/04  69 FR 13737.
Section 11..........  Mobile Equipment Repair and         11/11/01         11/22/02  67 FR 70315.
                       Refinishing.
Section 12..........  Surface Coating of Plastics         11/29/94         01/26/96  61 FR 2419.
                       Parts.
Section 13..........  Automobile and Light-Duty           01/11/93         05/03/95  60 FR 21707.
                       Truck Coating Operations.
Section 14..........  Can Coating................         01/11/93         05/03/95  60 FR 21707.
Section 15..........  Coil Coating...............         01/11/93         05/03/95  60 FR 21707.
Section 16..........  Paper Coating..............         01/11/93         05/03/95  60 FR 21707.
Section 17..........  Fabric Coating.............         01/11/93         05/03/95  60 FR 21707.
Section 18..........  Vinyl Coating..............         01/11/93         05/03/95  60 FR 21707.
Section 19..........  Coating of Metal Furniture.         01/11/93         05/03/95  60 FR 21707.
Section 20..........  Coating of Large Appliances         01/11/93         05/03/95  60 FR 21707.
Section 21..........  Coating of Magnet Wire.....         11/29/94         01/26/96  61 FR 2419.
Section 22..........  Coating of Miscellaneous            01/11/93         05/03/95  60 FR 21707.
                       Metal Parts.
Section 23..........  Coating of Flat Wood                01/11/93         05/03/95  60 FR 21707.
                       Paneling.
Section 24..........  Bulk Gasoline Plants.......         01/11/93         05/03/95  60 FR 21707.
Section 25..........  Bulk Gasoline Terminals....         11/29/92         01/26/96  61 FR 2419.
Section 26..........  Gasoline Dispensing                 01/11/02         11/14/03  68 FR 64520.
                       Facility--Stage I Vapor
                       Recovery.
Section 27..........  Gasoline Tank Trucks.......         01/11/93         05/03/95  60 FR 21707.
Section 28..........  Petroleum Refinery Sources.         01/11/93         05/03/95  60 FR 21707.
Section 29..........  Leaks from Petroleum                11/29/94         01/26/96  61 FR 2419.
                       Refinery Equipment.
Section 30..........  Petroleum Liquid Storage in         11/29/94         01/26/96  61 FR 2419.
                       External Floating Roof
                       Tanks.
Section 31..........  Petroleum Liquid Storage in         11/29/94         01/26/96  61 FR 2419.
                       Fixed Roof Tanks.
Section 32..........  Leaks from Natural Gas/             11/29/94         01/26/96  61 FR 2419.
                       Gasoline Processing
                       Equipment.
Section 33..........  Solvent Metal Cleaning and          11/11/01         11/22/02  67 FR 70315.
                       Drying.
Section 34..........  Cutback and Emulsified              01/11/93         05/03/95  60 FR 21707.
                       Asphalt.
Section 35..........  Manufacture of Synthesized          11/29/94         01/26/96  61 FR 2419.
                       Pharmaceutical Products.
Section 36..........  Stage II Vapor Recovery....         01/11/02         11/14/03  68 FR 64540.
Section 37..........  Graphic Arts Systems.......         11/29/94         01/26/96  61 FR 2419.
Section 38..........  Petroleum Solvent Dry               01/11/93         05/03/95  60 FR 21707.
                       Cleaners.
Section 39..........  Perchloroethylene Dry               01/11/93         05/03/95  60 FR 21707.
                       Cleaning.
Section 40..........  Leaks from Synthetic                01/11/93         05/03/95  60 FR 21707.
                       Organic Chemical, Polymer,
                       and Resin Manufacturing
                       Equipment.
Section 41..........  Manufacture of High-Density         01/11/93         05/03/95  60 FR 21707.
                       Polyethylene,
                       Polypropylene and
                       Polystyrene Resins.
Section 42..........  Air Oxidation Processes in          01/11/93         05/03/95  60 FR 21707.
                       the Synthetic Organic
                       Chemical Manufacturing
                       Industry.
Section 43..........  Bulk Gasoline Marine Tank           11/29/94         01/26/96  61 FR 2419.
                       Vessel Loading Facilities.
Section 44..........  Batch Processing Operations         11/29/94         01/26/96  61 FR 2419.
Section 45..........  Industrial Cleaning                 11/29/94         01/26/96  61 FR 2419.
                       Solvents.
Section 47..........  Offset Lithographic                 11/29/94         01/26/96  61 FR 2419.
                       Printing.
Section 48..........  Reactor Processes and               11/29/94         01/26/96  61 FR 2419.
                       Distillation Operations in
                       the Synthetic Organic
                       Chemical Manufacturing
                       Industry.
Section 49..........  Control of Volatile Organic         11/29/94         01/26/96  61 FR 2419.
                       Compound Emissions from
                       Volatile Organic Liquid
                       Storage Vessels.
Section 50..........  Other Facilities that Emit          11/29/94         01/26/96  61 FR 2419.
                       Volatile Organic Compounds
                       (VOCs).
----------------------------------------------------------------------------------------------------------------

    Delaware adopted a new VOC RACT control for lightering operations 
(Section 46) and submitted it to EPA as a SIP revision. EPA approved 
this VOC RACT on September 13, 2007 (72 FR 52285) with an effective 
date of October 15, 2007.
    Delaware also submitted a negative declaration that the following 
VOC CTG or non-CTG major sources do not exist in Delaware: Manufacture 
of pneumatic rubber tires; wood furniture manufacturing operations; and 
shipbuilding and ship repair operations (surface coating).

NOX RACT Controls

    Delaware Air Pollution Control Regulation No. 12 contains 
Delaware's NOX RACT controls that were implemented and 
approved into the Delaware SIP under the 1-hour ozone NAAQS.
    Table 2 lists Delaware's NOX RACT controls.

[[Page 31046]]



                                     Table 2.--Delaware's NOX RACT Controls
----------------------------------------------------------------------------------------------------------------
               Regulation 12                                 Control of nitrogen oxide emissions
----------------------------------------------------------------------------------------------------------------
                                            State effective      Federal
               Source group                       date        Register date                Citation
----------------------------------------------------------------------------------------------------------------
Fuel burning equipment with an input               11/24/93         06/14/01  66 FR 32231.
 capacity of 100 mmBTU/hour or greater.
Fuel burning equipment with an input               11/24/93         06/14/01  66 FR 32231.
 capacity of 50 mmBTU/hour or greater and
 less than 100 mmBTU/hour.
Fuel burning equipment with an input               11/24/93         06/14/01  66 FR 32231.
 capacity of less than 50 mmBTU/hour.
Alternative requirement for fuel burning           11/24/93         06/14/01  66 FR 32231.
 equipment--Seasonal fuel switching (April
 1 through October 31) to a low NOX
 emitting fuel.
Gas turbines..............................         11/24/93         06/14/01  66 FR 32231.
Stationary internal combustion engines....         11/24/93         06/14/01  66 FR 32231.
Fuel burning equipment used exclusively            11/24/93         06/14/01  66 FR 32231.
 for providing residential comfort heating
 and hot water.
Incinerator or thermal/catalytic oxidizer          11/24/93         06/14/01  66 FR 32231.
 constructed before November 15, 1992, and
 used primarily for the control of air
 pollution.
Fuel burning equipment with rated heat             11/24/93         06/14/01  66 FR 32231.
 capacity of less than 15 mmBTU/hour.
Stationary internal combustion engine with         11/24/93         06/14/01  66 FR 32231.
 a rated capacity of less than 450 hp of
 output power.
Any source operating during the month of           11/24/93         06/14/01  66 FR 32231.
 November to the end of March and
 operating with a capacity factor of five
 percent or less from April 1 to October
 31.
Any fuel burning equipment, gas turbine,           11/24/93         06/14/01  66 FR 32231.
 or internal combustion engine with an
 annual capacity factor of less than five
 percent.
Case-by-case RACT determination...........         11/24/93         06/14/01  66 FR 32231.
----------------------------------------------------------------------------------------------------------------

    Delaware submitted a negative declaration that the following CTG or 
non-CTG major sources of NOX emissions do not exist in 
Delaware: cement kilns and stationary internal combustion engines.

III. Proposed Action

    EPA is proposing to approve the Delaware SIP revision that 
addresses the requirements of RACT under the 8-hour ozone NAAQS. 
Delaware submitted this SIP revision on October 2, 2006 and a 
supplement submittal on October 5, 2006. This SIP revision is based on 
a combination of (1) certification that previously adopted RACT 
controls in Delaware's SIP that were approved by EPA under the 1-hour 
ozone NAAQS are based on the currently available technically and 
economically feasible controls, and that they continue to represent 
RACT for the 8-hour implementation purposes; (2) the adoption of new or 
more stringent regulations that represent RACT control levels; and (3) 
the negative declaration that there are no CTG or non-CTG major sources 
of VOC and NOX emissions within Delaware. 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 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 Clean Air Act. Accordingly, 
this action merely proposes to approve 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 rule, pertaining to the Delaware RACT 
under the 8-hour 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, Nitrogen dioxide, 
Ozone, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: May 21, 2008.
William T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. E8-12122 Filed 5-29-08; 8:45 am]

BILLING CODE 6560-50-P
