	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

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

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.

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 (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) 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 [insert date 30
days from date of publication].

ADDRESSES:  Submit your comments, identified by Docket ID Number
EPA-R03-OAR-

2007-0449 by one of the following methods:

A.    www.regulations.gov.  Follow the on-line instructions for
submitting comments.

B.    E-mail:    HYPERLINK "mailto:fernandez.cristina@epa.gov" 
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 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
www.regulations.gov or e-mail.  The www.regulations.gov website 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  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 encryption, and be free of any defects
or viruses.

Docket:  All documents in the electronic docket are listed in the
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 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 &
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   HYPERLINK "mailto:quinto.rose@epa.gov"  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 area 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 1990’s, 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.

Table 1	Delaware’s VOC RACT Controls

Regulation

1124	Control of Volatile Organic Compound Emissions (Formerly Regulation
24)

	Title of Regulation	State Effective Date	Federal Register Date	Citation

Section 10	Aerospace Coatings	02/11/03	03/24/04	69 FR 13737

Section 11	Mobile Equipment Repair and Refinishing	11/11/01	11/22/02	67
FR 70315

Section 12	Surface Coating of Plastics Parts	11/29/94	01/26/96	61 FR
2419

Section 13	Automobile and Light-Duty Truck Coating Operations	01/11/93
05/03/95	60 FR 21707

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 Metal Parts	01/11/93	05/03/95	60 FR
21707

Section 23	Coating of Flat Wood Paneling	01/11/93	05/03/95	60 FR 21707

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 Facility – Stage I Vapor Recovery
01/11/02	11/14/03	68 FR 64520

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 Refinery Equipment	11/29/94	01/26/96	61
FR 2419

Section 30	Petroleum Liquid Storage in External Floating Roof Tanks
11/29/94	01/26/96	61 FR 2419

Section 31	Petroleum Liquid Storage in Fixed Roof Tanks	11/29/94
01/26/96	61 FR 2419

Section 32	Leaks from Natural Gas/Gasoline Processing Equipment	11/29/94
01/26/96	61 FR 2419

Section 33	Solvent Metal Cleaning and Drying	11/11/01	11/22/02	67 FR
70315

Section 34	Cutback and Emulsified Asphalt	01/11/93	05/03/95	60 FR 21707

Section 35	Manufacture of Synthesized Pharmaceutical Products	11/29/94
01/26/96	61 FR 2419

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 Cleaners	01/11/93	05/03/95	60 FR 21707

Section 39 	Perchloroethylene Dry Cleaning	01/11/93	05/03/95	60 FR 21707

Section 40	Leaks from Synthetic Organic Chemical, Polymer, and Resin
Manufacturing Equipment	01/11/93	05/03/95	60 FR 21707

Section 41	Manufacture of High-Density Polyethylene, Polypropylene and
Polystyrene Resins	01/11/93	05/03/95	60 FR 21707

Section 42	Air Oxidation Processes in the Synthetic Organic Chemical
manufacturing Industry	01/11/93	05/03/95	60 FR 21707

Section 43	Bulk gasoline marine Tank Vessel Loading Facilities	11/29/94
01/26/96	61 FR 2419

Section 44 	Batch Processing Operations	11/29/94	01/26/96	61 FR 2419

Section 45	Industrial Cleaning Solvents	11/29/94	01/26/96	61 FR 2419

Section 47	Offset Lithographic Printing	11/29/94	01/26/96	61 FR 2419

Section 48	Reactor Processes and Distillation Operations in the
Synthetic Organic Chemical Manufacturing Industry	11/29/94	01/26/96	61
FR 2419

Section 49	Control of Volatile Organic Compound Emissions from Volatile
Organic Liquid Storage Vessels	11/29/94	01/26/96	61 FR 2419

Section 50	Other Facilities that Emit Volatile Organic Compounds (VOCs)
11/29/94	01/26/96	61 FR 2419



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.

Table 2	Delaware’s NOx RACT Controls

Regulation 12	Control of Nitrogen Oxide Emissions

Source Group	State Effective Date	Federal Register Date	Citation

Fuel burning equipment with an input capacity of 100 mmBTU/hour or
greater	11/24/93	06/14/01	66 FR 32231

Fuel burning equipment with an input capacity of 50 mmBTU/hour or
greater and less than 100 mmBTU/hour	11/24/93	06/14/01	66 FR 32231

Fuel burning equipment with an input capacity of less than 50 mmBTU/hour
11/24/93	06/14/01	66 FR 32231

Alternative requirement for fuel burning equipment - Seasonal fuel
switching (April 1 through October 31) to a low NOx emitting fuel
11/24/93	06/14/01	66 FR 32231

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 for providing residential
comfort heating and hot water	11/24/93	06/14/01	66 FR 32231

Incinerator or thermal/catalytic oxidizer constructed before November
15, 1992, and used primarily for the control of air pollution	11/24/93
06/14/01	66 FR 32231

Fuel burning equipment with rated heat capacity of less than 15
mmBTU/hour	11/24/93	06/14/01	66 FR 32231

Stationary internal combustion engine with a rated capacity of less
than450 hp of output power	11/24/93	06/14/01	66 FR 32231

Any source operating during the month of November to the end of March
and operating with a capacity factor of five percent or less from April
1 to October 31	11/24/93	06/14/01	66 FR 32231

Any fuel burning equipment, gas turbine, or internal combustion engine
with an annual capacity factor of less than five percent	11/24/93
06/14/01	66 FR 32231

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 (Public Law 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.

                                                                        
                              /s/

May 21, 2008                                                           
____________________________

Dated:                             		   		Donald S. Welsh,	

                                                                 	
Regional Administrator,

                                                                 	
Region III.

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