[Federal Register Volume 61, Number 40 (Wednesday, February 28, 1996)]
[Rules and Regulations]
[Pages 7415-7418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4445]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[DE013-5915a; FRL-5424-9]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware--Emission Statement Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
[[Page 7416]]
submitted by the State of Delaware. This revision consists of an
emission statement program for stationary sources that emit volatile
organic compounds (VOCs) and/or nitrogen oxides (NOX) at or above
specified actual emission threshold levels within the state of Delaware
(Kent, New Castle, and Sussex Counties). The intended effect of this
action is to approve a regulation for annual reporting of actual
emissions by sources that emit VOC and/or NOX within the state in
accordance with the 1990 Clean Air Act (CAA). This action is being
taken under section 110 of the CAA.
DATES: This action is effective April 29, 1996, unless notice is
received on or before March 29, 1996, that adverse or critical comments
will be submitted. If the effective date is delayed, timely notice will
be published in the Federal Register.
ADDRESSES: Comments must be mailed to Marcia L. Spink, Associate
Director, Air Programs, Mailcode 3AT00, U.S. Environmental Protection
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania
19107. Copies of the documents relevant to this action are available
for public inspection during normal business hours at the EPA office
listed above; the Air and Radiation Docket and Information Center, U.S.
Environmental Protection Agency, 401 M Street, SW., Washington, DC
20460; and the Delaware Department of Natural Resources & Environmental
Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware 19903.
FOR FURTHER INFORMATION CONTACT: Rose Quinto (215) 597-3164, at the EPA
Region III address.
SUPPLEMENTARY INFORMATION: On January 11, 1993, the Delaware Department
of Natural Resources and Environmental Control (DNREC) submitted a SIP
revision to EPA on Emission Statements. This revision would amend
Delaware's Regulations Governing the Control of Air Pollution: section
2 of Regulation 1 (Definitions and Administrative Principles), and
section 1 of Regulation 17 (Source Monitoring, Recordkeeping and
Reporting), and also add a new section 7 of Regulation 17.
I. Background
The air quality planning and SIP requirements for ozone
nonattainment and transport areas are set out in subparts I and II of
part D of title I of the CAA, as amended by the Clean Air Act
Amendments of 1990. EPA published a ``General Preamble'' describing
EPA's preliminary views on how it intends to review SIPs and SIP
revisions submitted under Title I of the CAA, including those state
submittals for ozone transport areas within the states (see 57 FR 13498
(April 16, 1992) (``SIP: General Preamble for the Implementation of
Title I of the Clean Air Act Amendments of 1990''), 57 FR 18070 (April
28, 1992) (``Appendices to the General Preamble''), and 57 FR 55620
(November 25, 1992) (``SIP: NOX Supplement to the General
Preamble'')).
EPA also issued a draft guidance document describing the
requirements for the emission statement programs discussed in this
action, entitled ``Guidance on the Implementation of an Emission
Statement Program'' (July, 1992). EPA is also conducting a rulemaking
process to modify Title 40, Part 51 of the CFR to reflect the
requirements of the emission statement program.
Section 182 of the CAA sets out a graduated control program for
ozone nonattainment areas. Section 182(a) sets out requirements
applicable in marginal ozone nonattainment areas, which are also
applicable by sections 182 (b), (c), (d), and (e) to all other ozone
nonattainment areas. Among the requirements in section 182(a) is a
program for stationary sources to prepare and submit to the state each
year emission statements certifying their actual emissions of VOCs and
NOX. This section of the CAA provides that the states are to
submit a revision to their SIPs by November 15, 1992 establishing this
emission statement program.
If a source emits either VOC or NOX at or above the designated
minimum reporting level, the other pollutant should be included in the
emission statement, even if it is emitted at levels below the specified
cutoffs.
States may waive, with EPA approval, the requirement for an
emission statement for classes or categories of sources with less than
25 tons per year of actual plant-wide NOX or VOC emissions in
nonattainment areas if the class or category is included in the base
year and periodic inventories and emissions are calculated using
emissions factors established by EPA (such as those found in EPA
publication AP-42) or other methods acceptable to EPA.
At minimum, the emission statement data should include:
--Certification of data accuracy;
--Source identification information;
--Operating schedule;
--Emissions information (to include annual and typical ozone season day
emissions);
--Control equipment information; and
--Process data.
EPA developed emission statements data elements to be consistent
with other source and state reporting requirements. This consistency is
essential to assist states with quality assurance for emission
estimates and to facilitate consolidation of all EPA reporting
requirements.
II. EPA's Evaluation of Delaware's Submittal
A. Procedural Background
In accordance with the requirements of 40 CFR 51.102, the State of
Delaware held a public hearing on September 29, 1993 in Dover, Delaware
to solicit public comments on the implementation plan for the state.
The plan was submitted to EPA by the Governor's designee on January 11,
1993.
B. Components of Delaware's Emission Statement Program
There are several key and specific components of an acceptable
emission statement program. Specifically, Delaware must submit a
revision to its SIP consisting of an emission statement program that
meets the minimum requirements for reporting by the sources and the
state. For the emission statement program to be approvable, Delaware's
SIP revision must include, at a minimum, definitions and provisions for
applicability, compliance, and specific source reporting requirements
and reporting forms.
Regulation 1 (Definitions and Administrative Principles), section
2; and Regulation 17 (Source Monitoring, Recordkeeping and Reporting),
section 1, has been revised by amending and adding the definitions of
the following terms: actual emissions, annual fuel process rate,
certifying individual, control efficiency, control equipment
identification code, emission factor, emission statement, estimated
emission method code, estimated emission units, measured emission
method code, measured emission units, peak ozone season, percentage
annual throughput, periodic ozone SIP inventory, point, potential to
emit, process rate, segment, source classification code, and volatile
organic compounds.
Regulation 17, section 7 (Emission Statement) requires a person who
owns and operates any installation, source, or premises located in
areas designated by the CAA as an ozone nonattainment area to report
the levels of emissions from all stationary sources of VOCs and
NOX. The state may, with EPA approval, waive the emission
statement requirements for classes or categories of
[[Page 7417]]
stationary sources with facility-wide actual emissions of less than 25
tons/year of VOC or NOX if the class or category is included in
the base year and periodic ozone inventories, and the actual emissions
are calculated using EPA approved emission factors or other methods
acceptable to EPA. Regulation 17, section 7, also requires emission
statements for all stationary sources located in ozone attainment areas
that emit or have the potential to emit 50 tons/year of VOC and/or
NOX. This section also requires that a certifying official for
each facility provide Delaware with a statement reporting emissions by
April 30 of each year beginning with April 30, 1993 for the emissions
discharged during the previous calendar year. This section also
delineates specific requirements for the content of these annual
emission statements.
C. Enforceability
The State of Delaware has provisions in its SIP which ensure that
the emission statement requirements of section 182(a)(3)(B) and
sections 184(b)(2) and 182(f) of the CAA, as required by section 2 of
Delaware Regulation Number 1 (Definitions and Administrative
Principles) and sections 1 and 7 of Regulation 17 (Source Monitoring,
Recordkeeping and Reporting), are adequately enforced.
EPA has determined that the submittal made by the State of Delaware
satisfies the relevant requirements of the CAA and EPA's guidance
document, ``Guidance on the Implementation of an Emission Statement
Program'' (July 1992). EPA's detailed review of Delaware's Emission
Statement Program is contained in a Technical Support Document (TSD)
which is available, upon request, from the EPA Regional Office listed
in the ADDRESSES section of this document.
III. Final Action
EPA is approving a revision to the Delaware SIP to include an
Emission Statement Program consisting of revisions to section 2,
Regulation 1; and section 1, and a new section 7 of Regulation 17. This
revision was submitted to EPA by the State of Delaware on January 11,
1993.
EPA is approving this SIP revision without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will become
effective April 29, 1996 unless, by March 29, 1996, adverse or critical
comments are received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting on this action should do
so at this time. If no such comments are received, the public is
advised that this action will be effective on April 29, 1996.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision of any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements but simply approve requirements that
the state is already imposing. Therefore, because the Federal SIP
approval does not impose any new requirements, the Administrator
certifies that it does not have a significant impact on any small
entities affected. Moreover, due to the nature of the Federal-State
relationship under the CAA, preparation of a regulatory flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of state action. The CAA forbids EPA to base its actions
concerning SIPs on such grounds. Union Electric Co. v. U.S. EPA, 427
U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to state, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either state, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under state or local law, and imposes no new
Federal requirements. Accordingly, no additional costs to state, local,
or tribal governments, or to the private sector, result from this
action.
This action has been classified as Table 3 action for signature by
the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 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 April 29, 1996. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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 approving Delaware's Emission Statement Program 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, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Volatile
organic compounds, Oxides of nitrogen, Ozone, Reporting and
recordkeeping requirements.
Dated: February 2, 1996.
W.T. Wisniewski,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
[[Page 7418]]
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart I--Delaware
2. Section 52.420 is amended by adding paragraph (c)(52) to read as
follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
(52) Revisions to the Delaware State Implementation Plan submitted
by the Secretary, Delaware Department of Natural Resources and
Environmental Control, on January 11, 1993.
(i) Incorporation by reference.
(A) Letter dated January 11, 1993 from the Secretary, Delaware
Department of Natural Resources and Environmental Control, submitting a
revision to the Delaware State Implementation Plan.
(B) Amended section 2, Regulation 1 (Definitions and Administrative
Principles). Amended section 1, and added new section 7 of Regulation
17 (Source Monitoring, Recordkeeping and Reporting). The amendments to
Regulations 1 and 17, and the addition of section 7 of Regulation 17,
were effective on January 11, 1993. This revision consists of an
emission statement program for stationary sources which emit volatile
organic compounds (VOC) and/or nitrogen oxides (NOX) at or above
specified actual emission threshold levels. This program is applicable
state-wide.
(ii) Additional material.
(A) Remainder of January 11, 1993 state submittal pertaining to
Delaware Emission Statement Program.
* * * * *
[FR Doc. 96-4445 Filed 2-27-96; 8:45 am]
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