Approval and Promulgation of Air Quality Implementation Plans; Delaware; Reasonably Available Control Technology Under the 8-Hour Ozone National Ambient Air Quality Standard, 31043-31046 [E8-12122]
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Federal Register / Vol. 73, No. 105 / Friday, May 30, 2008 / Proposed Rules
Submit a single copy of electronic
comments or two paper copies of any
mailed comments, except that
individuals may submit one paper copy.
Comments are to be identified with the
docket number found in brackets in the
heading of this document. Received
comments may be seen in the Division
of Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday.
Please note that on January 15, 2008,
the FDA Web site transitioned to the
Federal Dockets Management System
(FDMS). FDMS is a Government-wide,
electronic docket management system.
Electronic comments and submissions
will be accepted by FDA only through
FDMS at https://www.regulations.gov.
XVI. References
The following references have been
placed on display in the Division of
Dockets Management (see ADDRESSES)
and may be seen by interested persons
between 9 a.m. and 4 p.m., Monday
through Friday.
1. Radiological Devices Panel, Transcript,
pp. 142–156, available at https://
www.accessdata.fda.gov/scripts/cdrh/cfdocs/
cfAdvisory/details.cfm?mtg=659, May 23,
2006.
2. Pisano, E., Gatsonis, C., Hendrick, E., et
al., ‘‘Digital Mammographic Imaging
Screening Trial (DMIST) Investigators
Group,’’ ‘‘Diagnostic Performance of Digital
Versus Film Mammography for Breast-Cancer
Screening,’’ New England Journal of
Medicine, 353: 1773–1783, 2005.
3. Yaffe, M., Bloomquist, A., Mawdsley, G.,
et al., ‘‘Quality Control for Digital
Mammography: Part II Recommendations
From the ACRIN DMIST Trial,’’ Medical
Physics, 33(3): 737–752, 2006.
4. Thomas, J., Chakrabarti, K., Kaczmarek,
R., et al., ‘‘Contrast Detail Phantom Scoring
Methodology,’’ Medical Physics, 32(3), 807,
2005.
5. Device recalls are described in FDA’s
briefing information, slide number 12,
available at https://www.fda.gov/ohrms/
dockets/ac/06/briefing/2006-4219b1_
04_draft%20FDA%20presentation.pdf.
List of Subjects in 21 CFR Part 892
Medical device, Radiation protection,
X-rays.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, it is proposed that
21 CFR part 892 be amended as follows:
PART 892—RADIOLOGY DEVICES
ebenthall on PRODPC68 with PROPOSALS
1. The authority citation for 21 CFR
part 892 continues to read as follows:
Authority: 21 U.S.C. 351, 360, 360c, 360e,
360j, 371.
2. Section 892.1 is amended by
adding paragraph (e) to read as follows:
§ 892.1
*
*
Scope.
*
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(e) Guidance documents referenced in
this part are available on the Internet at
https://www.fda.gov/cdrh/guidance.html.
3. Section 892.1715 is added to
subpart B to read as follows:
§ 892.1715
system.
Full field digital mammography
(a) Identification. A full field digital
mammography system is a device
intended to produce full field digital xray images of the breast. This generic
type of device may include one or more
of the following: Digital mammography
software, full field digital image
receptor, acquisition workstation, and
signal analysis programs.
(b) Classification. Class II (special
controls). The special control for the
device is FDA’s guidance document
entitled ‘‘Class II Special Controls
Guidance Document: Full Field Digital
Mammography System.’’ See 892.1(e)
for the availability of this guidance
document.
Dated: May 21, 2008.
Daniel G. Schultz,
Director, Center for Devices and Radiological
Health.
[FR Doc. E8–12120 Filed 5–29–08; 8:45 am]
BILLING CODE 4160–01–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2007–0449; FRL–8574–2]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Reasonably Available
Control Technology Under the 8-Hour
Ozone National Ambient Air Quality
Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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:
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; the
adoption of new or more stringent
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31043
regulations that represent RACT control
levels; and 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 June 30, 2008.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2007–0449 by one of the
following methods:
A. https://www.regulations.gov. Follow
the online instructions for submitting
comments.
B. E-mail:
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 previouslylisted 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 https://
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 https://
www.regulations.gov or e-mail. The
https://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 https://
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
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encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
https://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 https://
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 19901.
FOR FURTHER INFORMATION CONTACT: Rose
Quinto, (215) 814–2182, or by e-mail at
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.
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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
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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 areas 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
1990s, 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
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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 8hour 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 8hour 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 8hour 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.
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TABLE 1.—DELAWARE’S VOC RACT CONTROLS
Control of volatile organic compound emissions
(formerly Regulation 24)
Regulation
1124
State effective
date
Title of regulation
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
Section 41
Section 42
Section
Section
Section
Section
Section
43
44
45
47
48
Section 49
Section 50
Aerospace Coatings .......................................................................................
Mobile Equipment Repair and Refinishing .....................................................
Surface Coating of Plastics Parts ...................................................................
Automobile and Light-Duty Truck Coating Operations ...................................
Can Coating ....................................................................................................
Coil Coating ....................................................................................................
Paper Coating .................................................................................................
Fabric Coating ................................................................................................
Vinyl Coating ...................................................................................................
Coating of Metal Furniture ..............................................................................
Coating of Large Appliances ..........................................................................
Coating of Magnet Wire ..................................................................................
Coating of Miscellaneous Metal Parts ............................................................
Coating of Flat Wood Paneling ......................................................................
Bulk Gasoline Plants ......................................................................................
Bulk Gasoline Terminals .................................................................................
Gasoline Dispensing Facility—Stage I Vapor Recovery ................................
Gasoline Tank Trucks .....................................................................................
Petroleum Refinery Sources ...........................................................................
Leaks from Petroleum Refinery Equipment ...................................................
Petroleum Liquid Storage in External Floating Roof Tanks ...........................
Petroleum Liquid Storage in Fixed Roof Tanks .............................................
Leaks from Natural Gas/Gasoline Processing Equipment .............................
Solvent Metal Cleaning and Drying ................................................................
Cutback and Emulsified Asphalt .....................................................................
Manufacture of Synthesized Pharmaceutical Products ..................................
Stage II Vapor Recovery ................................................................................
Graphic Arts Systems .....................................................................................
Petroleum Solvent Dry Cleaners ....................................................................
Perchloroethylene Dry Cleaning .....................................................................
Leaks from Synthetic Organic Chemical, Polymer, and Resin Manufacturing Equipment.
Manufacture of High-Density Polyethylene, Polypropylene and Polystyrene
Resins.
Air Oxidation Processes in the Synthetic Organic Chemical Manufacturing
Industry.
Bulk Gasoline Marine Tank Vessel Loading Facilities ...................................
Batch Processing Operations .........................................................................
Industrial Cleaning Solvents ...........................................................................
Offset Lithographic Printing ............................................................................
Reactor Processes and Distillation Operations in the Synthetic Organic
Chemical Manufacturing Industry.
Control of Volatile Organic Compound Emissions from Volatile Organic Liquid Storage Vessels.
Other Facilities that Emit Volatile Organic Compounds (VOCs) ....................
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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
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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).
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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.
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TABLE 2.—DELAWARE’S NOX RACT CONTROLS
Regulation 12
Control of nitrogen oxide emissions
State effective
date
Source group
Fuel burning equipment with an input capacity of 100 mmBTU/hour or greater .................
Fuel burning equipment with an input capacity of 50 mmBTU/hour or greater and less
than 100 mmBTU/hour.
Fuel burning equipment with an input capacity of less than 50 mmBTU/hour ....................
Alternative requirement for fuel burning equipment—Seasonal fuel switching (April 1
through October 31) to a low NOX emitting fuel.
Gas turbines .........................................................................................................................
Stationary internal combustion engines ...............................................................................
Fuel burning equipment used exclusively for providing residential comfort heating and
hot water.
Incinerator or thermal/catalytic oxidizer constructed before November 15, 1992, and used
primarily for the control of air pollution.
Fuel burning equipment with rated heat capacity of less than 15 mmBTU/hour ................
Stationary internal combustion engine with a rated capacity of less than 450 hp of output
power.
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.
Any fuel burning equipment, gas turbine, or internal combustion engine with an annual
capacity factor of less than five percent.
Case-by-case RACT determination ......................................................................................
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.
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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).
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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 (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
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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.
Dated: May 21, 2008.
William T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. E8–12122 Filed 5–29–08; 8:45 am]
BILLING CODE 6560–50–P
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[Federal Register Volume 73, Number 105 (Friday, May 30, 2008)]
[Proposed Rules]
[Pages 31043-31046]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12122]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2007-0449; FRL-8574-2]
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.
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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: 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; the
adoption of new or more stringent regulations that represent RACT
control levels; and 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 June 30, 2008.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-0449 by one of the following methods:
A. https://www.regulations.gov. Follow the online instructions for
submitting comments.
B. E-mail: 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 https://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 https://
www.regulations.gov or e-mail. The https://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 https://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
[[Page 31044]]
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
https://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 https://
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 19901.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at 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 areas 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 1990s,
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.
[[Page 31045]]
Table 1.--Delaware's VOC RACT Controls
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Control of volatile organic compound emissions (formerly Regulation 24)
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Regulation 1124 State effective Federal
Title of regulation date Register date Citation
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Section 10.......... Aerospace Coatings......... 02/11/03 03/24/04 69 FR 13737.
Section 11.......... Mobile Equipment Repair and 11/11/01 11/22/02 67 FR 70315.
Refinishing.
Section 12.......... Surface Coating of Plastics 11/29/94 01/26/96 61 FR 2419.
Parts.
Section 13.......... Automobile and Light-Duty 01/11/93 05/03/95 60 FR 21707.
Truck Coating Operations.
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 01/11/93 05/03/95 60 FR 21707.
Metal Parts.
Section 23.......... Coating of Flat Wood 01/11/93 05/03/95 60 FR 21707.
Paneling.
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 01/11/02 11/14/03 68 FR 64520.
Facility--Stage I Vapor
Recovery.
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 11/29/94 01/26/96 61 FR 2419.
Refinery Equipment.
Section 30.......... Petroleum Liquid Storage in 11/29/94 01/26/96 61 FR 2419.
External Floating Roof
Tanks.
Section 31.......... Petroleum Liquid Storage in 11/29/94 01/26/96 61 FR 2419.
Fixed Roof Tanks.
Section 32.......... Leaks from Natural Gas/ 11/29/94 01/26/96 61 FR 2419.
Gasoline Processing
Equipment.
Section 33.......... Solvent Metal Cleaning and 11/11/01 11/22/02 67 FR 70315.
Drying.
Section 34.......... Cutback and Emulsified 01/11/93 05/03/95 60 FR 21707.
Asphalt.
Section 35.......... Manufacture of Synthesized 11/29/94 01/26/96 61 FR 2419.
Pharmaceutical Products.
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 01/11/93 05/03/95 60 FR 21707.
Cleaners.
Section 39.......... Perchloroethylene Dry 01/11/93 05/03/95 60 FR 21707.
Cleaning.
Section 40.......... Leaks from Synthetic 01/11/93 05/03/95 60 FR 21707.
Organic Chemical, Polymer,
and Resin Manufacturing
Equipment.
Section 41.......... Manufacture of High-Density 01/11/93 05/03/95 60 FR 21707.
Polyethylene,
Polypropylene and
Polystyrene Resins.
Section 42.......... Air Oxidation Processes in 01/11/93 05/03/95 60 FR 21707.
the Synthetic Organic
Chemical Manufacturing
Industry.
Section 43.......... Bulk Gasoline Marine Tank 11/29/94 01/26/96 61 FR 2419.
Vessel Loading Facilities.
Section 44.......... Batch Processing Operations 11/29/94 01/26/96 61 FR 2419.
Section 45.......... Industrial Cleaning 11/29/94 01/26/96 61 FR 2419.
Solvents.
Section 47.......... Offset Lithographic 11/29/94 01/26/96 61 FR 2419.
Printing.
Section 48.......... Reactor Processes and 11/29/94 01/26/96 61 FR 2419.
Distillation Operations in
the Synthetic Organic
Chemical Manufacturing
Industry.
Section 49.......... Control of Volatile Organic 11/29/94 01/26/96 61 FR 2419.
Compound Emissions from
Volatile Organic Liquid
Storage Vessels.
Section 50.......... Other Facilities that Emit 11/29/94 01/26/96 61 FR 2419.
Volatile Organic Compounds
(VOCs).
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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.
[[Page 31046]]
Table 2.--Delaware's NOX RACT Controls
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Regulation 12 Control of nitrogen oxide emissions
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State effective Federal
Source group date Register date Citation
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Fuel burning equipment with an input 11/24/93 06/14/01 66 FR 32231.
capacity of 100 mmBTU/hour or greater.
Fuel burning equipment with an input 11/24/93 06/14/01 66 FR 32231.
capacity of 50 mmBTU/hour or greater and
less than 100 mmBTU/hour.
Fuel burning equipment with an input 11/24/93 06/14/01 66 FR 32231.
capacity of less than 50 mmBTU/hour.
Alternative requirement for fuel burning 11/24/93 06/14/01 66 FR 32231.
equipment--Seasonal fuel switching (April
1 through October 31) to a low NOX
emitting fuel.
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 11/24/93 06/14/01 66 FR 32231.
for providing residential comfort heating
and hot water.
Incinerator or thermal/catalytic oxidizer 11/24/93 06/14/01 66 FR 32231.
constructed before November 15, 1992, and
used primarily for the control of air
pollution.
Fuel burning equipment with rated heat 11/24/93 06/14/01 66 FR 32231.
capacity of less than 15 mmBTU/hour.
Stationary internal combustion engine with 11/24/93 06/14/01 66 FR 32231.
a rated capacity of less than 450 hp of
output power.
Any source operating during the month of 11/24/93 06/14/01 66 FR 32231.
November to the end of March and
operating with a capacity factor of five
percent or less from April 1 to October
31.
Any fuel burning equipment, gas turbine, 11/24/93 06/14/01 66 FR 32231.
or internal combustion engine with an
annual capacity factor of less than five
percent.
Case-by-case RACT determination........... 11/24/93 06/14/01 66 FR 32231.
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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 (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, 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.
Dated: May 21, 2008.
William T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. E8-12122 Filed 5-29-08; 8:45 am]
BILLING CODE 6560-50-P
