[Federal Register Volume 76, Number 89 (Monday, May 9, 2011)]
[Proposed Rules]
[Pages 26679-26681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11215]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0770; FRL-9303-1]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Requirements for Preconstruction Review, Prevention of
Significant Deterioration
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 Delaware Department of Natural Resources and
Environmental Control on April 1, 2010. This revision will establish
nitrogen oxides (NOX) as a precursor to ozone within the
Delaware SIP. This action is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before June 8, 2011.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0770 by one of the following methods:
A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: [email protected].
C. Mail: EPA-R03-OAR-2010-0770, Kathleen Cox, Associate Director,
Office of Permits and Air Toxics, Mailcode 3AP10, 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-
2010-0770. 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 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 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
[[Page 26680]]
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
19903.
FOR FURTHER INFORMATION CONTACT: Sharon McCauley, (215) 814-3376, or by
e-mail at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. On April 1, 2010, Delaware
submitted a revision to its SIP for changes noted in Regulation 1125,
Requirements for Preconstruction Review, Prevention of Significant
Deterioration (PSD) found in section 3.0 of Regulation 1125 (Regulation
1125, section 3.0).
I. Background
This SIP revision governs the permits for constructing and
significantly modifying major stationary sources of air pollutants in
PSD areas located in Delaware. This regulatory revision was made
effective as a legislative rule in Delaware on April 11, 2010. This
regulatory revision became effective as a legislative rule in the State
on April 11, 2010 and can be found in Regulation 1125, section 3.0.
This SIP revision, as proposed, will only replace the current
regulations found in Regulation 1125, section 3.0 which establish
NOX as a precursor to ozone, but will keep intact the
formally approved Delaware SIP increments for NOX found in
the Federal Register action for Delaware dated July 27, 1993 (58 FR
40065).
Delaware's proposed SIP submission addresses changes needed in the
part C PSD permit program. This SIP submission also corrects
deficiencies identified by EPA in the March 27, 2008 Federal Register
action entitled, ``Completeness Findings for Section 110(a) State
Implementation Plans for the 8-hour Ozone National Ambient Air Quality
Standards (1997 Ozone NAAQS)'' (73 FR 16205). EPA's proposed approval
of this SIP submission addresses Delaware's compliance with the portion
of CAA Section 110(a)(2)(C) & (J) relating to the CAA's part C permit
program for the 1997 Ozone NAAQS, because this proposed approval would
approve regulating NOX as a precursor to ozone in Delaware's
SIP in accordance with the Federal Register action dated November 29,
2005 (70 FR 71612) that finalized NOX as a precursor for
ozone regulations set forth at 40 CFR 51.166 and in 40 CFR 52.21.
We have determined that the current amendments to Delaware's PSD
permit program at Regulation 1125, section 3.0, as submitted on April
1, 2010, meet the minimum requirements of 40 CFR 51.166 and the CAA.
This SIP proposal is being proposed as a full approvable revision to
the Delaware SIP. No other changes to the currently approved SIP are
being proposed for approval at this time.
II. Summary of SIP Revision
This rule establishes a state construction permit program
consistent with the federal CAA's Title I program and implementing
regulations at 40 CFR 51.166, ``Prevention of Significant Deterioration
of Air Quality.'' Regulation 1125, section 3.0 is part of the SIP and
sets forth the criteria and procedures for major stationary sources to
obtain a permit to construct, operate and/or modify a major stationary
source.
As required by 40 CFR Part 51, Subpart I--``Review of New Sources
and Modifications,'' this rule adopts criteria and procedures for the
prevention of significant deterioration of air quality that are
consistent with the governing federal regulation at 40 CFR 51.166.
Promulgation of this rule by the Legislature was necessary for Delaware
to fulfill its responsibilities under 40 CFR Part 51 and the CAA, as
amended. Revisions to the Delaware rule simply added new references to
include NOX as a precursor to ozone to comport with federal
counterpart language. The Delaware Department of Natural Resources and
Environmental Control has now submitted a final rule Regulation 1125,
section 3.0 as a proposed revision to the SIP. We are now proposing to
approve NOX as a precursor to ozone in the Delaware SIP.
III. Proposed Action
Delaware's proposed SIP submission addresses changes needed to be
equivalent to the CAA's part C PSD permit program. This SIP submission
also corrects deficiencies identified by EPA in the March 27, 2008
Federal Register action entitled, ``Completeness Findings for Section
110(a) State Implementation Plans for the 8-hour Ozone National Ambient
Air Quality Standards (1997 Ozone NAAQS)'' (73 FR 16205). EPA's
proposed approval of this SIP submission addresses Delaware's
compliance with the portion of CAA Section 110(a)(2)(C) & (J) relating
to the CAA's part C permit program for the 1997 Ozone NAAQS, because
this proposal would approve regulating NOX as a precursor to
ozone in Delaware's SIP in accordance with the Federal Register action
dated November 29, 2005 (70 FR 71612) that finalized NOX as
a precursor for ozone regulations set forth at 40 CFR 51.166 and in 40
CFR 52.21.
EPA is proposing to approve this Delaware SIP revision for the
changes made to Regulation 1125, section 3.0, as was submitted on April
1, 2010. 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 Act 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 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
[[Page 26681]]
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).
This proposed rule, for the inclusion of NOX as a
precursor to ozone in Delaware for the PSD program, 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 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, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 20, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011-11215 Filed 5-6-11; 8:45 am]
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