[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Rules and Regulations]
[Pages 32624-32626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14479]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0795; FRL-9996-26-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Negative Declaration for the Oil and Natural Gas Industry 
Control Techniques Guidelines

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. 
This revision pertains to a negative declaration for the October 2016 
Oil and Natural Gas Control Techniques Guidelines (CTG) (2016 Oil and 
Gas CTG). This action is being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on August 8, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2018-0795. 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: Erin Trouba, 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) 814-2023. Ms. Trouba can also be reached 
via electronic mail at trouba.erin@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On April 11, 2019 (84 FR 14640), EPA published a notice of proposed 
rulemaking (NPRM) for the State of Delaware. In the NPRM, EPA proposed 
approval of Delaware's negative declaration for the 2016 Oil and Gas 
CTG. On October 27, 2016, EPA published in the Federal Register the 
``Release of Final Control Techniques Guidelines for the Oil and 
Natural Gas Industry.'' 81 FR 74798. The CTG provided information to 
state, local, and tribal air agencies to assist them in determining 
reasonably available control technology (RACT) for volatile organic 
compounds (VOC) emissions from select oil and natural gas industry 
emission sources. Section 182(b)(2)(A) of the CAA requires that for 
ozone nonattainment areas classified as Moderate, states must revise 
their SIPs to include provisions to implement RACT for each category of 
VOC sources covered by a CTG document issued between November 15, 1990, 
and the date of attainment. Section 184(b)(1)(B) of the CAA extends 
this requirement to states in the Ozone Transport Region (OTR). The 
state of Delaware is in the OTR and therefore is subject to this CTG. 
States with no applicable sources for a specific CTG may submit as a 
SIP revision a negative declaration stating that there are no 
applicable sources in the state.

II. Summary of SIP Revision and EPA Analysis

    On June 28, 2018, Delaware's Department of Natural Resources and 
Environmental Control (DNREC) submitted to EPA a SIP revision

[[Page 32625]]

concerning a negative declaration for the 2016 Oil and Gas CTG. In its 
submittal, DNREC stated that the State has no sources subject to this 
CTG. The rationale for EPA's proposed action is explained in the NPRM 
and will not be restated here. No adverse public comments were received 
on the NPRM.

III. Final Action

    EPA is approving Delaware's negative declaration for the 2016 Oil 
and Gas CTG, which was submitted on June 28, 2018 as a revision to the 
Delaware SIP.

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:
     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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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 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, 2019. 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 is a negative declaration for the 2016 Oil 
and Gas CTG for 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, Ozone, Volatile Organic Compounds.

    Dated: June 26, 2019.
Cosmo Servidio,
Regional Administrator, Region III.

    40 CFR part 52 is amended 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 ``Negative Declaration for the 2016 Oil and Gas Control 
Technology Guidelines'' at the end of the table to read as follows:


Sec.  52.420  Identification of plan.

* * * * *
    (e) * * *

                           Table 12--Comment Timeframe for New or Revised HCPCS Codes
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    Name of non-regulatory SIP      Applicable geographic       State                               Additional
             revision                        area          submittal date    EPA approval date      explanation
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                                                  * * * * * * *
Negative Declaration for the 2016   Statewide............       6/28/2018  7/9/2019, [Insert      ..............
 Oil and Gas Control Technology                                             Federal Register
 Guidelines.                                                                citation]
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[FR Doc. 2019-14479 Filed 7-8-19; 8:45 am]
BILLING CODE 6560-50-P


