[Federal Register Volume 84, Number 68 (Tuesday, April 9, 2019)]
[Proposed Rules]
[Pages 14075-14077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07021]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0825; FRL-9991-93-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Emissions Statements Rule Certification for the 2008 Ozone 
National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision formally submitted 
by the State of Delaware. Under section 182 of the Clean Air Act (CAA), 
states' SIPs must require stationary sources in ozone nonattainment 
areas to report annual emissions of nitrogen oxides (NOX) 
and volatile organic compounds (VOC). This SIP revision provides 
Delaware's certification that its existing emissions statements program 
satisfies the emissions statements requirements of the CAA for the 2008 
ozone National Ambient Air Quality Standards (NAAQS). EPA is proposing 
to approve Delaware's emissions statements program certification for 
the 2008 ozone NAAQS as a SIP revision in accordance with the 
requirements of the CAA.

DATES: Written comments must be received on or before May 9, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0825 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sara Calcinore, Office of Air Program 
Planning (3AP30), Air Protection Division, U.S. Environmental 
Protection Agency, Region 3, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. The telephone number is (215)814-2043. Ms. 
Calcinore can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Under the CAA, EPA establishes NAAQS for criteria pollutants in 
order to protect human health and the environment. In response to 
scientific evidence linking ozone exposure to adverse health effects, 
EPA promulgated the first ozone NAAQS, the 0.12 part per million (ppm) 
1-hour ozone NAAQS, in 1979. See 44 FR 8202 (February 8, 1979). The CAA 
requires EPA to review and reevaluate the NAAQS every 5 years in order 
to consider updated information regarding the effects of the criteria 
pollutants on human health and the environment. On July 18, 1997, EPA 
promulgated a revised ozone NAAQS, referred to as the 1997 ozone NAAQS, 
of 0.08 ppm averaged over eight hours. 62 FR 38855. This 8-hour ozone 
NAAQS was determined to be more protective of public health than the 
previous 1979 1-hour ozone NAAQS. In 2008, EPA strengthened the 8-hour 
ozone NAAQS from 0.08 to 0.075 ppm. The 0.075 ppm standard is referred 
to as the 2008 ozone NAAQS. See 73 FR 16436 (March 27, 2008).
    On May 21, 2012 and June 11, 2012, EPA designated nonattainment 
areas for the 2008 ozone NAAQS. 77 FR 30088 and 77 FR 34221. Effective 
July 20, 2012, New Castle County and Sussex County in Delaware were 
designated as marginal nonattainment for the 2008 ozone NAAQS. New 
Castle County was designated as part of the Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE 2008 ozone NAAQS nonattainment area, which 
includes the following counties: New Castle in Delaware; Cecil in 
Maryland; Atlantic, Burlington, Camden, Cape May, Cumberland, 
Gloucester, Mercer, Ocean, and Salem in New Jersey; and Bucks, Chester, 
Delaware, Montgomery, and Philadelphia in Pennsylvania. See 40 CFR 
81.308, 81.321, 81.331, and 81.339. Sussex County was designated 
marginal nonattainment as the Seaford 2008 ozone NAAQS nonattainment 
area, which includes only Sussex County. See 40 CFR 81.308.
    Section 182 of the CAA identifies plan submission requirements for 
ozone nonattainment areas. Specifically, section 182(a)(3)(B) requires 
that states develop and submit, as a revision to their SIP, rules which 
establish annual reporting requirements for certain stationary sources. 
Sources that are within ozone nonattainment areas must annually report 
the actual emissions of NOX and VOC to the state. However, 
states may waive this reporting requirement for classes or categories 
of stationary sources that emit under 25 tons per year (tpy) of 
NOX and/or VOC if the state provides an inventory of 
emissions from these classes or categories of sources as required by 
CAA sections 172 and 182. See CAA section 182(a)(3)(B)(ii).
    The EPA published guidance on source emissions statements in a July

[[Page 14076]]

1992 memorandum titled, ``Guidance on the Implementation of an Emission 
Statement Program, and in a March 14, 2006 memorandum titled, 
``Emission Statement Requirements Under 8-hour Ozone NAAQS 
Implementation'' (2006 memorandum). In addition, on March 6, 2015, EPA 
issued a final rule addressing a range of nonattainment area SIP 
requirements for the 2008 ozone NAAQS, including the emissions 
statements requirement of CAA section 182(a)(3)(B) (Implementation of 
the 2008 Ozone NAAQS Final Rule). 80 FR 12264, codified at 40 CFR part 
51, subpart AA. The 2006 memorandum clarified that the source emission 
statements requirement of CAA section 182(a)(3)(B) was applicable to 
all areas designated nonattainment for the 1997 ozone NAAQS and 
classified as marginal or above under subpart 2, part D, title I of the 
CAA. Under EPA's Implementation of the 2008 Ozone NAAQS Final Rule, the 
source emissions statements requirement also applies to all areas 
designated nonattainment for the 2008 ozone NAAQS. See 80 FR 12264, 
12291.
    According to the preamble to EPA's Implementation of the 2008 Ozone 
NAAQS Final Rule, most areas that are required to have an emissions 
statements program for the 2008 ozone NAAQS already have one in place 
due to a nonattainment designation for an earlier ozone NAAQS. 80 FR 
12264, 12291. The preamble to EPA's Implementation of the 2008 Ozone 
NAAQS Final Rule states, ``If an area has a previously approved 
emissions statement rule in force for the 1997 ozone NAAQS or the 1-
hour ozone NAAQS that covers all portions of the nonattainment area for 
the 2008 ozone NAAQS, such rule should be sufficient for purposes of 
the emissions statement requirement for the 2008 ozone NAAQS.'' Id. In 
cases where an existing emissions statements rule is still adequate to 
meet the emissions statements requirement under the 2008 ozone NAAQS, 
states may provide the rationale for that determination to EPA in a 
written statement for approval into the SIP to meet the requirements of 
CAA section 182(a)(3)(B). Id. In this statement, states should identify 
how the emissions statement requirements of CAA section 182(a)(3)(B) 
are met by their existing emissions statements rule. Id.
    In summary, Delaware is required to submit, as a formal revision to 
its SIP, a statement certifying that Delaware's existing emissions 
statements program satisfies the requirements of CAA section 
182(a)(3)(B) and covers Delaware's portions of the Philadelphia-
Wilmington-Atlantic City, PA-NJ-MD-DE 2008 ozone NAAQS nonattainment 
area (i.e. New Castle County) and the Seaford 2008 ozone NAAQS 
nonattainment area (i.e. Sussex County).

II. Summary of SIP Revision and EPA Analysis

    On June 29, 2018, the State of Delaware, through the Delaware 
Department of Natural Resources and Environmental Control (DNREC), 
submitted, as a formal revision to its SIP, a statement certifying that 
Delaware's existing SIP-approved emissions statements program satisfies 
the emissions statements requirements for the 2008 ozone NAAQS. The 
provisions that implement Delaware's emissions statements program are 
under 7 DE Administrative Code 1117 Section 7.0 Emission Statement and 
were approved by EPA into the Delaware SIP on April 29, 1996 (61 FR 
7415). See 40 CFR 52.420(c). Table 1 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
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                                          7 DE administrative code 1117
  CAA section 182(a)(3)(B) requirement       section 7.0 requirement
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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 NOX or VOC          an ozone nonattainment area
 provide the State with a statement for   that emit NOX or VOC.
 classes or categories of sources        7 DE Admin Code 1117 Section
 showing the actual emissions of NOX      7.2--Emissions statements are
 and VOC from that source.                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--Annual emissions
                                          statements are due 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 tpy of NOX or VOC if the State   classes or categories of
 provides an inventory of emissions       stationary sources with
 from such class or category of sources   facility-wide actual emissions
 as required by CAA section 172 and 182.  of less than 25 tpy of NOX or
                                          VOCs if the class or category
                                          is included in the base year
                                          and periodic ozone SIP
                                          emission inventories.
------------------------------------------------------------------------

    EPA's review of Delaware's submittal finds Delaware's existing, 
SIP-approved emissions statements provisions under 7 DE Administrative 
Code 1117 Section 7.0 satisfy the emissions statements requirements of 
CAA section 182(a)(3)(B) for stationary sources located in marginal or 
above nonattainment areas in Delaware, including such sources in New 
Castle County and Sussex County, for the 2008 ozone NAAQS.\1\ Pursuant 
to CAA section 182(a)(3)(B)(i), Delaware must

[[Page 14077]]

require annual emissions statements from stationary sources of 
NOX or VOC located in marginal nonattainment areas. These 
emissions statements must be certified by an official of the facility. 
As shown in Table 1, 7 DE Administrative Code 1117 Section 7.1 requires 
that all stationary sources of NOX and VOC located in an 
ozone nonattainment area submit emissions statements to DNREC, except 
for those with actual emissions of less than 25 tpy of NOX 
or VOC as permitted by CAA section 182(a)(3)(B)(ii). EPA finds Section 
7.1 satisfies the requirements of CAA section 182(a)(3)(B)(i) as it 
requires that stationary sources located in ozone nonattainment areas 
in the State, including Delaware's marginal nonattainment areas for the 
2008 ozone NAAQS, submit emissions statements. In addition, 7 DE 
Administrative Code 1117 Section 7.2 requires emissions statements be 
certified by an official of the facility and Section 7.3 requires 
emissions statements be submitted annually on April 30. EPA finds these 
provisions satisfy the requirements of CAA section 182(a)(3)(B)(i) for 
the 2008 ozone NAAQS as they require emissions statements be certified 
and submitted annually.
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    \1\ As stated previously, New Castle County and Sussex County in 
Delaware are both designated as marginal nonattainment for the 2008 
ozone NAAQS.
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    EPA also finds Delaware's emissions thresholds for stationary 
sources that are required to submit an emissions statement meet the 
threshold requirements of CAA section 182(a)(3)(B)(ii). As discussed 
previously, pursuant to CAA section 182(a)(3)(B)(ii), states may waive 
emissions statements requirements for classes or categories of 
stationary sources that emit less than 25 tpy of NOX or VOC 
if the state provides an inventory of emissions from such classes or 
categories of sources as required by CAA section 172 and 182. As shown 
in Table 1, 7 DE Administrative Code 1117 Section 7.1 waives, with EPA 
approval, the requirement for emissions statements for classes or 
categories of stationary sources with facility-wide actual emissions of 
less than 25 tpy of NOX or VOC if the class or category is 
included in the base year and periodic ozone emission inventories. 
Delaware does provide emissions inventories that include stationary 
sources in nonattainment areas that emit less than 25 tpy of 
NOX or VOC, as required by CAA sections 172(c)(3) and 
182(b)(3)(B)(ii).\2\ Therefore, EPA finds the emissions thresholds of 7 
DE Administrative Code 1117 Section 7.1 are consistent with CAA section 
182(a)(3)(B)(ii).
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    \2\ See, e.g. ``Approval and Promulgation of Air Quality 
Implementation Plans; Delaware; 2011 Base Year Inventories for the 
2008 8-Hour Ozone National Ambient Air Quality Standard for New 
Castle and Sussex Counties,'' 80 FR 59052 (October 1, 2015).
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    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 2008 ozone NAAQS. Therefore, EPA is 
proposing to approve, as a SIP revision, the State of Delaware's June 
29, 2018 emissions statements certification for the 2008 ozone NAAQS as 
approvable under CAA section 182(a)(3)(B).

III. Proposed Action

    EPA is proposing to approve, as a SIP revision, the State of 
Delaware's June 29, 2018 emissions statements certification for the 
2008 ozone NAAQS as approvable under CAA section 182(a)(3)(B). 
Delaware's emissions statements certification certifies that Delaware's 
existing SIP-approved emissions statements program under 7 DE 
Administrative Code 1117 Section 7.0 satisfies the requirements of CAA 
section 182(a)(3)(B) for the 2008 ozone NAAQS. 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 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 proposed 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 proposed rule, proposing approval of Delaware's 
emissions statements certification for the 2008 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: March 29, 2019.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2019-07021 Filed 4-8-19; 8:45 am]
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