Air Plan Approval; Delaware; State Implementation Plan for Interstate Transport for the 2008 Ozone Standard, 44932-44936 [2017-20598]
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Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Rules and Regulations
(3) Spectator vessels may be moored
to a waterfront facility within the
regulated area in such a way that they
shall not interfere with the progress of
the event. Such mooring must be
complete at least 30 minutes prior to the
establishment of the regulated area and
remain moored through the duration of
the event.
(d) Informational broadcasts. The
Captain of the Port Honolulu will
establish enforcement dates and times
with a Notice of Enforcement. If
circumstances render enforcement of
the regulated area unnecessary for the
entirety of these periods, the Captain of
the Port or his designated representative
will inform the public through
broadcast notices to mariners that the
regulated area is no longer being
enforced. The harbor will remain closed
until the Coast Guard issues an ‘‘All
Clear’’ for the harbor after the race has
concluded and the harbor is deemed
safe for normal operations.
(e) Penalties. Vessels or persons
violating this rule may be subject to the
penalties set forth in 33 U.S.C. 1233.
Dated: September 21, 2017.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the
Port Honolulu.
[FR Doc. 2017–20664 Filed 9–26–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2013–0408; FRL–9968–20–
Region 3]
Air Plan Approval; Delaware; State
Implementation Plan for Interstate
Transport for the 2008 Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve a portion of a state
implementation plan (SIP) revision
submitted by the State of Delaware. The
Clean Air Act’s (CAA) good neighbor
provision requires EPA and states to
address the interstate transport of air
pollution that affects the ability of
downwind states to attain and maintain
the national ambient air quality
standards (NAAQS). Specifically, the
good neighbor provision requires each
state in its SIP to prohibit emissions that
will significantly contribute to
nonattainment, or interfere with
maintenance, of a NAAQS in a
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SUMMARY:
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downwind state. Delaware has
submitted a SIP revision that addresses
the interstate transport requirements,
among other things, for the 2008 ozone
NAAQS. EPA has determined that
Delaware’s SIP has adequate provisions
to prohibit the state from significantly
contributing to nonattainment, or
interfering with maintenance, of the
2008 ozone NAAQS in any other state.
EPA is approving Delaware’s SIP
revision submittal in regards to the good
neighbor interstate transport provision
in accordance with the requirements of
the CAA.
DATES: This rule is effective on
December 26, 2017 without further
notice, unless EPA receives adverse
written comment by October 27, 2017.
If EPA receives such comments, it will
publish a timely withdrawal of the
direct final rule in the Federal Register
and inform the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2013–0408 at https://
www.regulations.gov, or via email to
stahl.cynthia@epa.gov. 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
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Ellen Schmitt, (215) 814–5787, or by
email at schmitt.ellen@epa.gov.
SUPPLEMENTARY INFORMATION: On March
27, 2013, the State of Delaware through
the Delaware Department of Natural
Resources and Environmental Control
(DNREC) submitted a revision to its SIP
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to satisfy the requirements of section
110(a)(2), including 110(a)(2)(D)(i), of
the CAA as it relates to the 2008 ozone
NAAQS.
I. Background
On March 12, 2008, EPA revised the
levels of the primary and secondary
ozone standards from 0.08 parts per
million (ppm) to 0.075 ppm (73 FR
16436). The CAA requires states to
submit, within three years after
promulgation of a new or revised
NAAQS, SIP revisions meeting the
applicable elements of sections 110(a)(1)
and (2).1 Several of these applicable
elements are delineated within section
110(a)(2)(D)(i) of the CAA. Section
110(a)(2)(D)(i) generally requires SIPs to
contain adequate provisions to prohibit
in-state emissions activities from having
certain adverse air quality effects on
neighboring states due to interstate
transport of air pollution. There are four
prongs within section 110(a)(2)(D)(i) of
the CAA; section 110(a)(2)(D)(i)(I)
contains prongs 1 and 2, while section
110(a)(2)(D)(i)(II) includes prongs 3 and
4. This direct final action addresses the
first two prongs, which are also
collectively known as the good neighbor
provision. According to the CAA’s good
neighbor provision located within
section 110(a)(2)(D)(i)(I), a state’s SIP
must contain adequate provisions to
prohibit any source or other type of
emissions activity within the state from
emitting air pollutants that ‘‘contribute
significantly to nonattainment in, or
interfere with maintenance by, any
other state with respect to any such
national primary or secondary ambient
air quality standard.’’ Under section
110(a)(2)(D)(i)(I) of the CAA, EPA gives
independent significance to the matter
of nonattainment (prong 1) and to that
of maintenance (prong 2).
II. Summary of SIP Revision
On March 27, 2013, the State of
Delaware through DNREC provided a
SIP revision submittal to satisfy the
requirements of section 110(a)(2) of the
CAA for the 2008 ozone NAAQS. In this
rulemaking action, EPA is approving
one portion of Delaware’s March 27,
2013 submittal—the portion addressing
prongs 1 and 2 of section
110(a)(2)(D)(i)(I) of the CAA. EPA
previously acted on other portions of
Delaware’s March 27, 2013 SIP
submittal for the 2008 ozone NAAQS.2
1 SIP revisions that are intended to meet the
requirements of section 110(a) of the CAA are often
referred to as infrastructure SIPs and the elements
under 110(a) are referred to as infrastructure
requirements.
2 On April 3, 2014 (79 FR 18644), EPA approved
portions of Delaware’s March 27, 2013 submittal for
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In order to demonstrate that its SIP
adequately addresses interstate
transport for the 2008 ozone NAAQS,
Delaware’s March 27, 2013 submittal
identifies measures in its approved SIP
that cover stationary, mobile, and area
sources of volatile organic compounds
(VOCs) and nitrogen oxides (NOX), both
of which are precursors to ozone.
Delaware’s submittal identifies SIPapproved regulations that reduce VOCs
and NOX emissions from a variety of
stationary sources within the state,
including power plants, industrial
boilers, and peaking units. Delaware
states in its submittal that its sources are
generally controlled with best available
control technology (BACT) or lowest
achievable emission rate (LAER) level
controls. Delaware notes that sources
are generally controlled on a unit-byunit basis at a cost of $1,300 to $11,000
per ton of NOX reduced.3 To
substantiate its control costs and
feasibility claims, Delaware includes an
assessment of potential additional
control measures on mobile and
stationary sources, including both
electric generating unit (EGU) and nonEGU categories. The assessment
evaluates, for each source or category,
the technical and economic feasibility
for additional NOX and VOC reductions.
For non-EGUs, Delaware could not
identify any cost efficient controls
beyond those already required by the
SIP; estimating that at about $5,000 per
ton of pollutant (VOC, NOX) reduced,
only a small amount of air emission
reductions would be seen.4 In its
submittal, Delaware identifies the
following Delaware regulations, which
are already included in its approved
SIP: 7 DE Admin. Code 1125 (New
Source Review); 7 DE Admin. Code
1112 (NOX Reasonably Available
Control Technology (RACT)); 7 DE
Admin. Code 1124 (VOC RACT); 7 DE
Admin. Codes 1126 and 1136 (vehicle
inspection and maintenance (I/M)
control measures). In its submittal,
Delaware concludes that it has satisfied
the requirements for section
110(a)(2)(D)(i)(I) of the CAA for the 2008
ozone NAAQS because its sources are
already well controlled for NOX and
the 2008 ozone NAAQS addressing the following:
CAA section 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii),
(E), (F), (G), (H), (J), (K), (L), and (M). In that action,
EPA stated it would take later action on the portion
of the March 27, 2013 SIP submittal addressing
section 110(a)(2)(D)(i)(I) of the CAA.
3 See ‘‘Attachment A,’’ State Submittal—Delaware
Section 110(a)(2) Infrastructure Requirements for
the 2008 Ozone NAAQS, www.regulations.gov,
Docket number EPA–R03–OAR–2013–0408.
4 In its March 27, 2013 submittal, Delaware stated
that at about $5,000 per ton, the State could reduce
NOX emissions by about 375 tons per year (tpy) and
VOCs by 255 tpy.
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VOCs, and because further reductions
beyond the State’s current SIP measures
for NOX and VOCs are not economically
feasible.
III. EPA Analysis
A. Cross-State Air Pollution Rule
The CAA gives EPA a backstop role to
issue federal implementation plans
(FIPs), as appropriate, in the event that
states fail to submit approvable SIPs. On
September 8, 2016, EPA took steps to
effectuate this backstop role with
respect to emissions in 22 eastern states
(not including Delaware) by finalizing
an update to the Cross-State Air
Pollution Rule (CSAPR) ozone season
program that addresses the obligations
of good neighbor provision for the 2008
ozone NAAQS. 81 FR 74504. This
CSAPR Update establishes statewide
NOX budgets for certain affected EGUs
in the May-September ozone season to
reduce the interstate transport of ozone
pollution in the eastern United States,
and thereby help downwind states and
communities meet and maintain the
2008 ozone NAAQS.5 The CSAPR
Update, which specifically focuses on
reducing EGU NOX emissions, includes
technical information and related
analysis to assist states with meeting the
requirements of section 110(a)(2)(D)(i)(I)
of the CAA for the 2008 ozone NAAQS.
The CSAPR Update uses the same
framework EPA used when developing
the original CSAPR, EPA’s transport
rule addressing the 1997 ozone NAAQS
as well as the 1997 and 2006 fine
particulate matter (PM2.5) NAAQS. The
CSAPR framework establishes the
following four-step process to address
the requirements of the good neighbor
provision:
(1) Identify downwind receptors that
are expected to have problems attaining
or maintaining the NAAQS;
(2) determine which upwind states
contribute to these identified problems
in amounts sufficient to link 6 them to
the downwind air quality problems;
(3) identify and quantify, for states
linked to downwind air quality
problems, upwind emissions that
significantly contribute to
5 Ground-level
ozone is formed when VOCs and
NOX combine in the presence of sunlight. The rate
of ozone production can be limited by the
availability of either VOCs or NOX. In the case of
the eastern states, ozone reduction has shown to be
more effective by reducing NOX which is why
reducing NOX emissions is the focus of both the
CSAPR Update and today’s rulemaking action
regarding Delaware.
6 In this rulemaking action, the terms ‘‘link,’’
‘‘linked,’’ or ‘‘linkage’’ indicate an association or
relationship between two entities and should not be
construed as there being any type of physical
connection.
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nonattainment or interfere with
maintenance of a NAAQS; and
(4) reduce the identified upwind
emissions for states that are found to
have emissions that significantly
contribute to nonattainment or interfere
with maintenance of the NAAQS
downwind by adopting permanent and
enforceable measures in a FIP or
SIP.This four-step framework is
informed by cost-effectiveness and
feasibility of controls, emissions,
meteorology, and air quality factors. In
the CSAPR Update, EPA used this fourstep framework to determine each
linked upwind state’s significant
contribution to nonattainment or
interference with maintenance of
downwind air quality.
B. EPA’s Assessment of Delaware
While EPA’s CSAPR Update analysis
included an assessment of Delaware, the
State was not included in the final
CSAPR Update FIPs. In the CSAPR
Update, EPA found that steps 1 and 2
of the CSAPR framework linked
Delaware to a downwind maintenance
receptor in Philadelphia County,
Pennsylvania. EPA applied step 3 of the
CSAPR framework to establish EGU
NOX emission budgets that reflect NOX
reductions necessary to reduce
interstate ozone transport for the 2008
ozone NAAQS.7
For this analysis, EPA applied a
multi-factor evaluation of cost, NOX
reductions, and air quality
improvements. As part of this analysis,
EPA explicitly evaluated whether the
budget quantified for each state would
result in over-control,8 as required by
precedents of the Supreme Court and
D.C. Circuit.9 Specifically, EPA
evaluated whether at each level of NOX
emission budget, the identified
downwind ozone problems (i.e.,
nonattainment or maintenance
problems) are resolved or the upwind
contribution from any linked state
dropped below the 1% screening
threshold used to link the state. This
multi-factor evaluation of cost, NOX
reductions, and air quality
improvements (including consideration
7 Due to the State’s sources already being
equivalently controlled, EPA’s assessment shows no
cost effective EGU NOX reduction potential
available in Delaware by the 2017 ozone season, the
implementation date for the CSAPR Update. 81 FR
74504 (October 26, 2016).
8 In this rulemaking action, the term ‘‘overcontrol’’ describes the possibility that a state might
be compelled to reduce emissions beyond the point
at which every affected downwind state is in
attainment. See EPA v. EME Homer City Generation,
L.P., 134 S. Ct. 2014; EME Homer City Generation,
L.P. v. EPA, 795 F.3d 118, 127 (D.C. Cir. July 28,
2015).
9 Id.
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of potential over-control) resulted in
EPA’s quantification of upwind
emissions that significantly contribute
to nonattainment or interfere with
maintenance of the 2008 ozone NAAQS
downwind.10
C. Air Quality Assessment Tool
The emission reductions under the
various levels of emission budgets
analyzed by EPA can result in air
quality improvements such that
individual receptors drop below the
level of the 2008 ozone NAAQS based
on the cumulative air quality
improvement from the states analyzed.
In examining emissions contribution to
nonattainment and maintenance
receptors for the 2008 ozone NAAQS,
EPA used the Air Quality Assessment
Tool (AQAT) to estimate the air quality
impacts of the upwind state EGU NOX
emission budgets on downwind ozone
pollution levels for each of the assessed
EGU NOX emission budget levels. EPA
assessed the magnitude of air quality
improvement at each receptor at each
level of control, examined whether
receptors are considered to be solved,11
and looked at the individual
contributions of emissions from each
state to each of that state’s linked
receptors. EPA also examined each
state’s air quality contributions at each
emission budget level, assessing
whether a state maintained at least one
linkage to a receptor that was estimated
to continue to have nonattainment or
maintenance problems with the 2008
ozone NAAQS.
D. Conclusion
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EPA examined emission budget levels
of: $0 per ton; $800 per ton; $1,400 per
ton; $3,400 per ton; $5,000 per ton; and
$6,400 per ton.12 13 This analysis
10 CSAPR Update final rule. 81 FR 74504, 74519
(October 26, 2016).
11 When the average and maximum design values
of a receptor decreases to values below 76 parts per
billion (ppb) or (0.076 ppm), the nonattainment and
maintenance issues of the receptor would be
considered solved.
12 Due to the close timing of Pennsylvania
finalizing its May 2016 regulation ‘‘Additional
RACT Requirements for Major Sources of NOX and
VOCs,’’ also known as RACT II, to the publication
of the CSAPR Update, EPA was not able to factor
expected emission limits from RACT II directly into
the previously concluded modeling for CSAPR
Update when all of the other relevant in-place state
and national rules were incorporated. EPA therefore
conducted a separate analysis in order to
incorporate the impacts of the new PA RACT
emission limits in addition to the already
incorporated national and state rules. The total
results were incorporated into the Agency’s
assessment at each emission budget level (e.g. $0/
ton through $6,400/ton) and at each stage of the
rulemaking analysis. See ‘‘Pennsylvania RACT
Memo to the Docket,’’ Docket No. EPA–HQ–OAR–
2015–0500 for a more detailed discussion.
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accounted for existing limits on
Delaware EGUs in the State’s March 27,
2013 SIP submittal. Notably, for
Delaware, EPA’s assessment of EGUs’
NOX reduction potential showed no cost
effective reductions available in
Delaware within the allotted short-term
implementation timeframe (by 2017 for
the 2008 ozone NAAQS) at every cost
threshold EPA evaluated. 81 FR at
74553 (EPA’s assessment of EGU NOX
reduction potential shows no cost
effective reductions available in
Delaware in 2017 at any evaluated cost
threshold because they are already
equivalently controlled). Further, EPA
estimated that implementation of the
CSAPR Update along with NOX controls
in Delaware’s approved SIP are
anticipated to resolve the lone
downwind maintenance receptor to
which Delaware is linked.14
EPA evaluated EGU NOX reduction
potential under the CSAPR Update and
the assessment showed that there was
no cost effective EGU NOX reduction
potential within Delaware at any
evaluated cost threshold because the
Delaware EGUs are already equivalently
controlled.15 In Delaware’s March 27,
2013 submittal, in addition to EGUs,
Delaware evaluated sources other than
EGUs and the State could not identify
any cost efficient controls for reducing
VOCs or NOX beyond those already
required by the SIP.
In conclusion, when evaluating all the
available information, EPA finds that
Delaware has implemented measures
that have reduced statewide VOC and
NOX emissions and that should
continue to reduce emissions within the
State. The maintenance receptor that
Delaware is linked to in the CSAPR
Update is projected by EPA to have its
maintenance issue resolved with CSAPR
Update implementation 16 and existing
NOX controls in place in Delaware. EPA
finds Delaware has no cost effective
EGU NOX emissions reduction
13 Pennsylvania’s RACT II provisions are part of
Pennsylvania’s strategy to meet its RACT
obligations for the 2008 ozone NAAQS. EPA has not
yet taken rulemaking action on Pennsylvania’s
RACT II.
14 As stated in section VI.D. in the preamble of
the final CSAPR Update and in the Ozone Transport
Policy Analysis Technical Support Document (TSD)
used to support the final CSAPR Update, EPA’s
AQAT assessment indicates that an emissions
budget reflecting $800 per ton of NOX reduced
would resolve the maintenance problem at the
Philadelphia, Pennsylvania maintenance receptor
(monitor ID 4210100124).
15 See 81 FR at 74553.
16 EPA notes that the preliminary 2014–2016
design value for the identified CSAPR Update
Philadelphia maintenance site does not reflect the
air quality results as a result of the CSAPR Update
implementation because sources began compliance
with the rule in May 1, 2017.
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potential, beyond what is already
required in Delaware’s SIP, at or below
a $6,400 per ton threshold used in the
CSAPR Update determinations by 2017
for the 2008 ozone NAAQS.
Additionally, EPA finds that Delaware’s
non-EGU sources are also wellcontrolled and that there is limited VOC
and NOX emissions reduction potential,
beyond what it already required in the
State’s SIP, at and below the $5,000 per
ton threshold. Thus, EPA finds
Delaware has fully satisfied its
obligation with respect to the
requirements of section 110(a)(2)(D)(i)(I)
of the CAA for the 2008 ozone NAAQS,
and we are approving the portion of the
March 27, 2013 Delaware SIP submittal
addressing prongs 1 and 2 of the
interstate transport requirements for the
2008 ozone NAAQS.
IV. Final Action
EPA is approving the portion of the
March 27, 2013 Delaware SIP revision
addressing prongs 1 and 2 of the
interstate transport requirements for
section 110(a)(2)(D)(i)(I) for the 2008
ozone NAAQS in accordance with
section 110 of the CAA for the reasons
discussed in this rulemaking.
On April 3, 2014 (79 FR 18644), EPA
finalized approval of the following
infrastructure elements or portions
thereof from the March 27, 2013
submittal: CAA section 110(a)(2)(A), (B),
(C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J),
(K), (L), and (M). This action approves
the remaining portions of the March 27,
2013 SIP revision, which address prongs
1 and 2 of section 110(a)(2)(D)(i)(I) of
the CAA, also known as the good
neighbor provision. EPA did not take
action upon these elements in our prior
SIP approval action, published on April
3, 2014 (79 FR 18644).
EPA is publishing this rule without
prior proposal because EPA views this
as a noncontroversial amendment and
anticipates no adverse comment.
However, in the ‘‘Proposed Rules’’
section of this issue of the Federal
Register, EPA is publishing a separate
document that will serve as the proposal
to approve the SIP revision if adverse
comments are filed. This rule will be
effective on December 26, 2017 without
further notice unless EPA receives
adverse comment by October 27, 2017.
If EPA receives adverse comment, EPA
will publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. EPA
will address all public comments in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time.
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V. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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
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Name of non-regulatory
SIP revision
*
Section 110(a)(2) Infrastructure Requirements for the 2008
Ozone NAAQS.
*
VerDate Sep<11>2014
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 27, 2017. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
Applicable
geographic or
nonattainment area
State
submittal date
*
*
Statewide ....................
*
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*
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: September 11, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart I—Delaware
2. In § 52.420, the table in paragraph
(e) is amended by adding a second entry
for Section 110(a)(2) Infrastructure
Requirements for the 2008 Ozone
NAAQS, immediately after the first
entry titled ‘‘Section 110(a)(2)
Infrastructure Requirements for the 2008
Ozone NAAQS’’ to read as follows:
■
§ 52.420
*
Identification of plan.
*
*
(e) * * *
*
EPA approval
date
Fmt 4700
*
This
action
addresses
110(a)(2)(D)(i)(I).
*
Sfmt 4700
*
Additional
explanation
*
*
9/27/17, [insert Federal
Register citation].
*
Frm 00057
shall not postpone the effectiveness of
such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of this issue of the Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking
action. This action, addressing
Delaware’s interstate transport for the
2008 ozone NAAQS, may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
E:\FR\FM\27SER1.SGM
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44936
Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Rules and Regulations
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[FR Doc. 2017–20598 Filed 9–26–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2014–0878; FRL–9966–67]
Fluazifop-P-Butyl; Pesticide
Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of fluazifop-pbutyl in or multiple commodities which
are identified and discussed later in this
document. Interregional Research
Project Number 4 (IR–4) requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective
September 27, 2017. Objections and
requests for hearings must be received
on or before November 27, 2017, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2014–0878, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSKBBXCHB2PROD with RULES
SUMMARY:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
VerDate Sep<11>2014
17:24 Sep 26, 2017
Jkt 241001
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2014–0878 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before November 27, 2017. Addresses
for mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2014–0878, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
II. Summary of Petitioned-for Tolerance
In the Federal Register of April 6,
2015 (80 FR 18327) (FRL–9924–00),
EPA issued a document pursuant to
FFDCA section 408(d)(3), 21 U.S.C.
346a(d)(3), announcing the filing of a
pesticide petition (PP 4E8328) by IR–4,
500 College Road East, Suite 201 W,
Princeton, NJ 08540. The petition
requested that 40 CFR part 180 be
amended by establishing tolerances for
residues of the herbicide fluazifop-pbutyl in or on the raw agricultural
commodities lettuce, head and leaf at
5.0 parts per million (ppm); strawberry
at 3.0 ppm; onion, green at 1.5 ppm;
caneberry subgroup 13–07A at 0.05
ppm; bushberry subgroup 13–07B at 0.3
ppm; tuberous and corm vegetables
(except for potato) subgroup 1D at 1.5
ppm; small fruit vine climbing, except
for fuzzy kiwifruit subgroup 13–07F at
0.03 ppm; and onion, bulb subgroup 3–
07A at 0.5 ppm as well as tolerances
with regional registration for grass hay
at 15 ppm; and grass forage at 4.0 ppm.
Upon the approval of the
aforementioned tolerances, IR–4
requested removal of the existing
tolerances for grape at 0.01 ppm; onion,
bulb at 0.5 ppm; and sweet potato, roots
at 0.05 ppm; and also requested amend
the existing tolerance for rhubarb from
0.5 ppm to 0.4 ppm. That document
referenced a summary of the petition
prepared by Syngenta Crop Protection,
the registrant, which is available in the
docket, https://www.regulations.gov.
There were no comments received in
response to the notice of filing.
Based upon review of the data
supporting the petition, EPA has
modified the levels at which tolerances
are being established for some
commodities. The reasons for these
changes are explained in Unit IV.C.
III. Aggregate Risk Assessment and
Determination of Safety
Section 408(b)(2)(A)(i) of FFDCA
allows EPA to establish a tolerance (the
legal limit for a pesticide chemical
residue in or on a food) only if EPA
determines that the tolerance is ‘‘safe.’’
E:\FR\FM\27SER1.SGM
27SER1
Agencies
[Federal Register Volume 82, Number 186 (Wednesday, September 27, 2017)]
[Rules and Regulations]
[Pages 44932-44936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20598]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2013-0408; FRL-9968-20-Region 3]
Air Plan Approval; Delaware; State Implementation Plan for
Interstate Transport for the 2008 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a portion of a state implementation plan (SIP)
revision submitted by the State of Delaware. The Clean Air Act's (CAA)
good neighbor provision requires EPA and states to address the
interstate transport of air pollution that affects the ability of
downwind states to attain and maintain the national ambient air quality
standards (NAAQS). Specifically, the good neighbor provision requires
each state in its SIP to prohibit emissions that will significantly
contribute to nonattainment, or interfere with maintenance, of a NAAQS
in a downwind state. Delaware has submitted a SIP revision that
addresses the interstate transport requirements, among other things,
for the 2008 ozone NAAQS. EPA has determined that Delaware's SIP has
adequate provisions to prohibit the state from significantly
contributing to nonattainment, or interfering with maintenance, of the
2008 ozone NAAQS in any other state. EPA is approving Delaware's SIP
revision submittal in regards to the good neighbor interstate transport
provision in accordance with the requirements of the CAA.
DATES: This rule is effective on December 26, 2017 without further
notice, unless EPA receives adverse written comment by October 27,
2017. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2013-0408 at https://www.regulations.gov, or via email to
stahl.cynthia@epa.gov. 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 https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, (215) 814-5787, or by
email at schmitt.ellen@epa.gov.
SUPPLEMENTARY INFORMATION: On March 27, 2013, the State of Delaware
through the Delaware Department of Natural Resources and Environmental
Control (DNREC) submitted a revision to its SIP to satisfy the
requirements of section 110(a)(2), including 110(a)(2)(D)(i), of the
CAA as it relates to the 2008 ozone NAAQS.
I. Background
On March 12, 2008, EPA revised the levels of the primary and
secondary ozone standards from 0.08 parts per million (ppm) to 0.075
ppm (73 FR 16436). The CAA requires states to submit, within three
years after promulgation of a new or revised NAAQS, SIP revisions
meeting the applicable elements of sections 110(a)(1) and (2).\1\
Several of these applicable elements are delineated within section
110(a)(2)(D)(i) of the CAA. Section 110(a)(2)(D)(i) generally requires
SIPs to contain adequate provisions to prohibit in-state emissions
activities from having certain adverse air quality effects on
neighboring states due to interstate transport of air pollution. There
are four prongs within section 110(a)(2)(D)(i) of the CAA; section
110(a)(2)(D)(i)(I) contains prongs 1 and 2, while section
110(a)(2)(D)(i)(II) includes prongs 3 and 4. This direct final action
addresses the first two prongs, which are also collectively known as
the good neighbor provision. According to the CAA's good neighbor
provision located within section 110(a)(2)(D)(i)(I), a state's SIP must
contain adequate provisions to prohibit any source or other type of
emissions activity within the state from emitting air pollutants that
``contribute significantly to nonattainment in, or interfere with
maintenance by, any other state with respect to any such national
primary or secondary ambient air quality standard.'' Under section
110(a)(2)(D)(i)(I) of the CAA, EPA gives independent significance to
the matter of nonattainment (prong 1) and to that of maintenance (prong
2).
---------------------------------------------------------------------------
\1\ SIP revisions that are intended to meet the requirements of
section 110(a) of the CAA are often referred to as infrastructure
SIPs and the elements under 110(a) are referred to as infrastructure
requirements.
---------------------------------------------------------------------------
II. Summary of SIP Revision
On March 27, 2013, the State of Delaware through DNREC provided a
SIP revision submittal to satisfy the requirements of section 110(a)(2)
of the CAA for the 2008 ozone NAAQS. In this rulemaking action, EPA is
approving one portion of Delaware's March 27, 2013 submittal--the
portion addressing prongs 1 and 2 of section 110(a)(2)(D)(i)(I) of the
CAA. EPA previously acted on other portions of Delaware's March 27,
2013 SIP submittal for the 2008 ozone NAAQS.\2\
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\2\ On April 3, 2014 (79 FR 18644), EPA approved portions of
Delaware's March 27, 2013 submittal for the 2008 ozone NAAQS
addressing the following: CAA section 110(a)(2)(A), (B), (C),
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). In
that action, EPA stated it would take later action on the portion of
the March 27, 2013 SIP submittal addressing section
110(a)(2)(D)(i)(I) of the CAA.
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[[Page 44933]]
In order to demonstrate that its SIP adequately addresses
interstate transport for the 2008 ozone NAAQS, Delaware's March 27,
2013 submittal identifies measures in its approved SIP that cover
stationary, mobile, and area sources of volatile organic compounds
(VOCs) and nitrogen oxides (NOX), both of which are
precursors to ozone. Delaware's submittal identifies SIP-approved
regulations that reduce VOCs and NOX emissions from a
variety of stationary sources within the state, including power plants,
industrial boilers, and peaking units. Delaware states in its submittal
that its sources are generally controlled with best available control
technology (BACT) or lowest achievable emission rate (LAER) level
controls. Delaware notes that sources are generally controlled on a
unit-by-unit basis at a cost of $1,300 to $11,000 per ton of
NOX reduced.\3\ To substantiate its control costs and
feasibility claims, Delaware includes an assessment of potential
additional control measures on mobile and stationary sources, including
both electric generating unit (EGU) and non-EGU categories. The
assessment evaluates, for each source or category, the technical and
economic feasibility for additional NOX and VOC reductions.
For non-EGUs, Delaware could not identify any cost efficient controls
beyond those already required by the SIP; estimating that at about
$5,000 per ton of pollutant (VOC, NOX) reduced, only a small
amount of air emission reductions would be seen.\4\ In its submittal,
Delaware identifies the following Delaware regulations, which are
already included in its approved SIP: 7 DE Admin. Code 1125 (New Source
Review); 7 DE Admin. Code 1112 (NOX Reasonably Available
Control Technology (RACT)); 7 DE Admin. Code 1124 (VOC RACT); 7 DE
Admin. Codes 1126 and 1136 (vehicle inspection and maintenance (I/M)
control measures). In its submittal, Delaware concludes that it has
satisfied the requirements for section 110(a)(2)(D)(i)(I) of the CAA
for the 2008 ozone NAAQS because its sources are already well
controlled for NOX and VOCs, and because further reductions
beyond the State's current SIP measures for NOX and VOCs are
not economically feasible.
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\3\ See ``Attachment A,'' State Submittal--Delaware Section
110(a)(2) Infrastructure Requirements for the 2008 Ozone NAAQS,
www.regulations.gov, Docket number EPA-R03-OAR-2013-0408.
\4\ In its March 27, 2013 submittal, Delaware stated that at
about $5,000 per ton, the State could reduce NOX
emissions by about 375 tons per year (tpy) and VOCs by 255 tpy.
---------------------------------------------------------------------------
III. EPA Analysis
A. Cross-State Air Pollution Rule
The CAA gives EPA a backstop role to issue federal implementation
plans (FIPs), as appropriate, in the event that states fail to submit
approvable SIPs. On September 8, 2016, EPA took steps to effectuate
this backstop role with respect to emissions in 22 eastern states (not
including Delaware) by finalizing an update to the Cross-State Air
Pollution Rule (CSAPR) ozone season program that addresses the
obligations of good neighbor provision for the 2008 ozone NAAQS. 81 FR
74504. This CSAPR Update establishes statewide NOX budgets
for certain affected EGUs in the May-September ozone season to reduce
the interstate transport of ozone pollution in the eastern United
States, and thereby help downwind states and communities meet and
maintain the 2008 ozone NAAQS.\5\ The CSAPR Update, which specifically
focuses on reducing EGU NOX emissions, includes technical
information and related analysis to assist states with meeting the
requirements of section 110(a)(2)(D)(i)(I) of the CAA for the 2008
ozone NAAQS. The CSAPR Update uses the same framework EPA used when
developing the original CSAPR, EPA's transport rule addressing the 1997
ozone NAAQS as well as the 1997 and 2006 fine particulate matter
(PM2.5) NAAQS. The CSAPR framework establishes the following
four-step process to address the requirements of the good neighbor
provision:
---------------------------------------------------------------------------
\5\ Ground-level ozone is formed when VOCs and NOX
combine in the presence of sunlight. The rate of ozone production
can be limited by the availability of either VOCs or NOX.
In the case of the eastern states, ozone reduction has shown to be
more effective by reducing NOX which is why reducing
NOX emissions is the focus of both the CSAPR Update and
today's rulemaking action regarding Delaware.
---------------------------------------------------------------------------
(1) Identify downwind receptors that are expected to have problems
attaining or maintaining the NAAQS;
(2) determine which upwind states contribute to these identified
problems in amounts sufficient to link \6\ them to the downwind air
quality problems;
---------------------------------------------------------------------------
\6\ In this rulemaking action, the terms ``link,'' ``linked,''
or ``linkage'' indicate an association or relationship between two
entities and should not be construed as there being any type of
physical connection.
---------------------------------------------------------------------------
(3) identify and quantify, for states linked to downwind air
quality problems, upwind emissions that significantly contribute to
nonattainment or interfere with maintenance of a NAAQS; and
(4) reduce the identified upwind emissions for states that are
found to have emissions that significantly contribute to nonattainment
or interfere with maintenance of the NAAQS downwind by adopting
permanent and enforceable measures in a FIP or SIP.This four-step
framework is informed by cost-effectiveness and feasibility of
controls, emissions, meteorology, and air quality factors. In the CSAPR
Update, EPA used this four-step framework to determine each linked
upwind state's significant contribution to nonattainment or
interference with maintenance of downwind air quality.
B. EPA's Assessment of Delaware
While EPA's CSAPR Update analysis included an assessment of
Delaware, the State was not included in the final CSAPR Update FIPs. In
the CSAPR Update, EPA found that steps 1 and 2 of the CSAPR framework
linked Delaware to a downwind maintenance receptor in Philadelphia
County, Pennsylvania. EPA applied step 3 of the CSAPR framework to
establish EGU NOX emission budgets that reflect
NOX reductions necessary to reduce interstate ozone
transport for the 2008 ozone NAAQS.\7\
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\7\ Due to the State's sources already being equivalently
controlled, EPA's assessment shows no cost effective EGU
NOX reduction potential available in Delaware by the 2017
ozone season, the implementation date for the CSAPR Update. 81 FR
74504 (October 26, 2016).
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For this analysis, EPA applied a multi-factor evaluation of cost,
NOX reductions, and air quality improvements. As part of
this analysis, EPA explicitly evaluated whether the budget quantified
for each state would result in over-control,\8\ as required by
precedents of the Supreme Court and D.C. Circuit.\9\ Specifically, EPA
evaluated whether at each level of NOX emission budget, the
identified downwind ozone problems (i.e., nonattainment or maintenance
problems) are resolved or the upwind contribution from any linked state
dropped below the 1% screening threshold used to link the state. This
multi-factor evaluation of cost, NOX reductions, and air
quality improvements (including consideration
[[Page 44934]]
of potential over-control) resulted in EPA's quantification of upwind
emissions that significantly contribute to nonattainment or interfere
with maintenance of the 2008 ozone NAAQS downwind.\10\
---------------------------------------------------------------------------
\8\ In this rulemaking action, the term ``over-control''
describes the possibility that a state might be compelled to reduce
emissions beyond the point at which every affected downwind state is
in attainment. See EPA v. EME Homer City Generation, L.P., 134 S.
Ct. 2014; EME Homer City Generation, L.P. v. EPA, 795 F.3d 118, 127
(D.C. Cir. July 28, 2015).
\9\ Id.
\10\ CSAPR Update final rule. 81 FR 74504, 74519 (October 26,
2016).
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C. Air Quality Assessment Tool
The emission reductions under the various levels of emission
budgets analyzed by EPA can result in air quality improvements such
that individual receptors drop below the level of the 2008 ozone NAAQS
based on the cumulative air quality improvement from the states
analyzed. In examining emissions contribution to nonattainment and
maintenance receptors for the 2008 ozone NAAQS, EPA used the Air
Quality Assessment Tool (AQAT) to estimate the air quality impacts of
the upwind state EGU NOX emission budgets on downwind ozone
pollution levels for each of the assessed EGU NOX emission
budget levels. EPA assessed the magnitude of air quality improvement at
each receptor at each level of control, examined whether receptors are
considered to be solved,\11\ and looked at the individual contributions
of emissions from each state to each of that state's linked receptors.
EPA also examined each state's air quality contributions at each
emission budget level, assessing whether a state maintained at least
one linkage to a receptor that was estimated to continue to have
nonattainment or maintenance problems with the 2008 ozone NAAQS.
---------------------------------------------------------------------------
\11\ When the average and maximum design values of a receptor
decreases to values below 76 parts per billion (ppb) or (0.076 ppm),
the nonattainment and maintenance issues of the receptor would be
considered solved.
---------------------------------------------------------------------------
D. Conclusion
EPA examined emission budget levels of: $0 per ton; $800 per ton;
$1,400 per ton; $3,400 per ton; $5,000 per ton; and $6,400 per ton.\12\
\13\ This analysis accounted for existing limits on Delaware EGUs in
the State's March 27, 2013 SIP submittal. Notably, for Delaware, EPA's
assessment of EGUs' NOX reduction potential showed no cost
effective reductions available in Delaware within the allotted short-
term implementation timeframe (by 2017 for the 2008 ozone NAAQS) at
every cost threshold EPA evaluated. 81 FR at 74553 (EPA's assessment of
EGU NOX reduction potential shows no cost effective
reductions available in Delaware in 2017 at any evaluated cost
threshold because they are already equivalently controlled). Further,
EPA estimated that implementation of the CSAPR Update along with
NOX controls in Delaware's approved SIP are anticipated to
resolve the lone downwind maintenance receptor to which Delaware is
linked.\14\
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\12\ Due to the close timing of Pennsylvania finalizing its May
2016 regulation ``Additional RACT Requirements for Major Sources of
NOX and VOCs,'' also known as RACT II, to the publication
of the CSAPR Update, EPA was not able to factor expected emission
limits from RACT II directly into the previously concluded modeling
for CSAPR Update when all of the other relevant in-place state and
national rules were incorporated. EPA therefore conducted a separate
analysis in order to incorporate the impacts of the new PA RACT
emission limits in addition to the already incorporated national and
state rules. The total results were incorporated into the Agency's
assessment at each emission budget level (e.g. $0/ton through
$6,400/ton) and at each stage of the rulemaking analysis. See
``Pennsylvania RACT Memo to the Docket,'' Docket No. EPA-HQ-OAR-
2015-0500 for a more detailed discussion.
\13\ Pennsylvania's RACT II provisions are part of
Pennsylvania's strategy to meet its RACT obligations for the 2008
ozone NAAQS. EPA has not yet taken rulemaking action on
Pennsylvania's RACT II.
\14\ As stated in section VI.D. in the preamble of the final
CSAPR Update and in the Ozone Transport Policy Analysis Technical
Support Document (TSD) used to support the final CSAPR Update, EPA's
AQAT assessment indicates that an emissions budget reflecting $800
per ton of NOX reduced would resolve the maintenance
problem at the Philadelphia, Pennsylvania maintenance receptor
(monitor ID 4210100124).
---------------------------------------------------------------------------
EPA evaluated EGU NOX reduction potential under the
CSAPR Update and the assessment showed that there was no cost effective
EGU NOX reduction potential within Delaware at any evaluated
cost threshold because the Delaware EGUs are already equivalently
controlled.\15\ In Delaware's March 27, 2013 submittal, in addition to
EGUs, Delaware evaluated sources other than EGUs and the State could
not identify any cost efficient controls for reducing VOCs or
NOX beyond those already required by the SIP.
---------------------------------------------------------------------------
\15\ See 81 FR at 74553.
---------------------------------------------------------------------------
In conclusion, when evaluating all the available information, EPA
finds that Delaware has implemented measures that have reduced
statewide VOC and NOX emissions and that should continue to
reduce emissions within the State. The maintenance receptor that
Delaware is linked to in the CSAPR Update is projected by EPA to have
its maintenance issue resolved with CSAPR Update implementation \16\
and existing NOX controls in place in Delaware. EPA finds
Delaware has no cost effective EGU NOX emissions reduction
potential, beyond what is already required in Delaware's SIP, at or
below a $6,400 per ton threshold used in the CSAPR Update
determinations by 2017 for the 2008 ozone NAAQS. Additionally, EPA
finds that Delaware's non-EGU sources are also well-controlled and that
there is limited VOC and NOX emissions reduction potential,
beyond what it already required in the State's SIP, at and below the
$5,000 per ton threshold. Thus, EPA finds Delaware has fully satisfied
its obligation with respect to the requirements of section
110(a)(2)(D)(i)(I) of the CAA for the 2008 ozone NAAQS, and we are
approving the portion of the March 27, 2013 Delaware SIP submittal
addressing prongs 1 and 2 of the interstate transport requirements for
the 2008 ozone NAAQS.
---------------------------------------------------------------------------
\16\ EPA notes that the preliminary 2014-2016 design value for
the identified CSAPR Update Philadelphia maintenance site does not
reflect the air quality results as a result of the CSAPR Update
implementation because sources began compliance with the rule in May
1, 2017.
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IV. Final Action
EPA is approving the portion of the March 27, 2013 Delaware SIP
revision addressing prongs 1 and 2 of the interstate transport
requirements for section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS in
accordance with section 110 of the CAA for the reasons discussed in
this rulemaking.
On April 3, 2014 (79 FR 18644), EPA finalized approval of the
following infrastructure elements or portions thereof from the March
27, 2013 submittal: CAA section 110(a)(2)(A), (B), (C), (D)(i)(II),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). This action
approves the remaining portions of the March 27, 2013 SIP revision,
which address prongs 1 and 2 of section 110(a)(2)(D)(i)(I) of the CAA,
also known as the good neighbor provision. EPA did not take action upon
these elements in our prior SIP approval action, published on April 3,
2014 (79 FR 18644).
EPA is publishing this rule without prior proposal because EPA
views this as a noncontroversial amendment and anticipates no adverse
comment. However, in the ``Proposed Rules'' section of this issue of
the Federal Register, EPA is publishing a separate document that will
serve as the proposal to approve the SIP revision if adverse comments
are filed. This rule will be effective on December 26, 2017 without
further notice unless EPA receives adverse comment by October 27, 2017.
If EPA receives adverse comment, EPA will publish a timely withdrawal
in the Federal Register informing the public that the rule will not
take effect. EPA will address all public comments in a subsequent final
rule based on the proposed rule. EPA will not institute a second
comment period on this action. Any parties interested in commenting
must do so at this time.
[[Page 44935]]
V. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 27, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of this issue of the Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking action. This action, addressing Delaware's
interstate transport for the 2008 ozone NAAQS, may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: September 11, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart I--Delaware
0
2. In Sec. 52.420, the table in paragraph (e) is amended by adding a
second entry for Section 110(a)(2) Infrastructure Requirements for the
2008 Ozone NAAQS, immediately after the first entry titled ``Section
110(a)(2) Infrastructure Requirements for the 2008 Ozone NAAQS'' to
read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(e) * * *
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Applicable geographic or nonattainment State
Name of non-regulatory SIP revision area submittal date EPA approval date Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Infrastructure Statewide............................. 3/27/13 9/27/17, [insert Federal This action addresses CAA
Requirements for the 2008 Ozone NAAQS. Register citation]. element 110(a)(2)(D)(i)(I).
* * * * * * *
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[[Page 44936]]
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[FR Doc. 2017-20598 Filed 9-26-17; 8:45 am]
BILLING CODE 6560-50-P