Approval and Promulgation of Air Quality Implementation Plans; Delaware; Reasonably Available Control Technology (RACT) State Implementation Plan (SIP) Under the 2008 Ozone National Ambient Air Quality Standard (NAAQS), 57849-57853 [2017-26301]

Download as PDF Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Rules and Regulations EPA. These SIPs are commonly referred to as ‘‘infrastructure’’ SIPs. The infrastructure requirements are designed to ensure that the structural components of each state’s air quality management program are adequate to meet the state’s responsibilities under the CAA. The direct final rule published at 82 FR 47147 on October 11, 2017 is withdrawn effective December 8, 2017. DATES: FOR FURTHER INFORMATION CONTACT: Tracey Casburn, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551–7016, or by email at casburn.tracey@epa.gov. List of Subjects in 40 CFR Part 52 sradovich on DSK3GMQ082PROD with RULES Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxides. Dated: November 21, 2017. James B. Gulliford, Regional Administrator, Region 7. Accordingly, the amendments to 40 CFR 52.1320 published on October 11, 2017 (82 FR 47147) are withdrawn effective December 8, 2017. BILLING CODE 6560–50–P VerDate Sep<11>2014 16:24 Dec 07, 2017 Jkt 244001 [EPA–R03–OAR–2015–0656; FRL–9971– 58—Region 3] Approval and Promulgation of Air Quality Implementation Plans; Delaware; Reasonably Available Control Technology (RACT) State Implementation Plan (SIP) Under the 2008 Ozone National Ambient Air Quality Standard (NAAQS) Environmental Protection Agency (EPA). ACTION: Final rule. Due to adverse comments, EPA is withdrawing the direct final rule to approve the states ‘‘infrastructure’’ SIP revision for the 2012 PM2.5 NAAQS. In the direct final rule published on October 11, 2017, (82 FR 47147), EPA stated that if it received adverse comment by November 13, 2017, the rule would be withdrawn and not take effect. The direct final rule was an approval of a State Implementation Plan (SIP) revision from the State of Missouri for the 2012 PM2.5 National Ambient Air Quality Standard (NAAQS). The direct final approval action also included the approval of Missouri State Statue section 105.483(5) RSMo 2014, and Missouri State Statue section 105.485 RSMo 2014 into the SIP. These two statutes address aspects of the infrastructure requirements relating to conflicts of interest as found in section 128 of the CAA. EPA received adverse comments. EPA will address the comments in a subsequent final action based upon the proposed action also published on October 11, 2017, at 82 FR 47169. EPA will not institute a second comment period on this action. [FR Doc. 2017–26406 Filed 12–7–17; 8:45 am] 40 CFR Part 52 AGENCY: SUPPLEMENTARY INFORMATION: ■ ENVIRONMENTAL PROTECTION AGENCY The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the State of Delaware. This revision pertains to reasonably available control technology (RACT) requirements under the 2008 8-hour ozone national ambient air quality standard (NAAQS). Delaware’s submittal for RACT for the 2008 ozone NAAQS includes certification that, for certain categories of sources, RACT controls approved by EPA into Delaware’s SIP for previous ozone NAAQS are based on currently available technically and economically feasible controls and continue to represent RACT for 2008 8-hour ozone NAAQS implementation purposes; the adoption of new or more stringent regulations or controls that represent RACT control levels for certain other categories of sources; and a negative declaration that certain categories of sources do not exist in Delaware. EPA is approving these revisions to the Delaware SIP addressing 2008 8-hour ozone RACT in accordance with the requirements of the Clean Air Act (CAA). SUMMARY: 57849 section for additional availability information. FOR FURTHER INFORMATION CONTACT: Leslie Jones Doherty, (215) 814–3409, or by email at jones.leslie@epa.gov. SUPPLEMENTARY INFORMATION: INFORMATION CONTACT I. Background On September 12, 2017 (82 FR 42767), EPA published a notice of proposed rulemaking (NPR) for the State of Delaware. In the NPR, EPA proposed approval of Delaware’s SIP revision pertaining to the RACT requirements under the 2008 8-hour ozone NAAQS. The formal SIP revision was submitted by Delaware on May 4, 2015. II. Summary of SIP Revision and EPA Analysis A. RACT On May 4, 2015, Delaware submitted a SIP revision to address all the requirements of RACT set forth by the CAA under the 2008 8-hour ozone NAAQS (the 2015 RACT Submission). Specifically, Delaware’s 2015 RACT Submission includes: (1) A certification that for certain categories of sources previously adopted nitrogen oxide (NOX) and volatile organic compound (VOC) RACT controls in Delaware’s SIP that were approved by EPA under the 1979 1-hour and 1997 8-hour ozone NAAQS are based on the currently available technically and economically feasible controls, and continue to represent RACT for implementation of the 2008 8-hour ozone NAAQS; (2) the adoption of new or more stringent regulations or controls that represent RACT control levels for certain categories of sources; and (3) a negative declaration that certain control technique guidelines (CTGs) or nonCTG major sources of VOC and NOX sources do not exist in Delaware. EPA has reviewed Delaware’s 2015 DATES: This final rule is effective on RACT Submission and finds Delaware’s January 8, 2018. certification of the RACT regulations for major sources of VOC and NOX ADDRESSES: EPA has established a docket for this action under Docket ID previously approved by EPA for the 1Number EPA–R03–OAR–2015–0656. All hour and 1997 8-hour ozone NAAQS documents in the docket are listed on continue to represent RACT-level the https://www.regulations.gov Web controls for the source categories for the site. Although listed in the index, some 2008 8-hour ozone NAAQS. EPA finds information is not publicly available, that Delaware’s major stationary source e.g., confidential business information VOC and NOX regulations represent the (CBI) or other information whose lowest emission limits based on disclosure is restricted by statute. currently available and economically Certain other material, such as feasible control technology for these copyrighted material, is not placed on source categories. EPA also finds that the Internet and will be publicly Delaware’s SIP implements RACT with available only in hard copy form. respect to all sources of VOCs covered Publicly available docket materials are by a CTG issued prior to July 20, 2014 available through https:// and all major stationary sources of VOC www.regulations.gov, or please contact and NOX via Delaware’s regulations and the person identified in the FOR FURTHER case-by-case RACT. EPA accepts PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\08DER1.SGM 08DER1 sradovich on DSK3GMQ082PROD with RULES 57850 Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Rules and Regulations Delaware’s negative declarations that the following VOC CTG source categories do not exist in Delaware: Manufacture of pneumatic rubber tires; wood furniture manufacturing operations; shipbuilding and ship repair operations (surface coating); and fiberglass boat manufacturing materials. EPA’s review indicates that Delaware’s 2015 RACT Submission meets the RACT requirements for the 2008 8-hour ozone NAAQS for applicable CTG source categories and major stationary sources of VOC and NOX to address sections 182(b), 182(f) and 184(b)(2) of the CAA. With respect to the previous case by case RACT determinations submitted by Delaware and approved by EPA for the Delaware SIP, the CAA section 110(l) states ‘‘The Administrator shall not approve a revision of a plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any applicable requirement of the CAA.’’ EPA finds that the removal of the emission limits for (1) the Polyhydrate Alcohol Catalyst Regenerative process SPI Polyols, Incorporated, (2) the sulfuric acid process and inter-stage absorption system at General Chemical Corporation and (3) the metallic nitrite process at General Chemical Corporation from the Delaware SIP will not interfere with attainment of any NAAQS or with RFP or any applicable requirement of the CAA because these sources have permanently shut down and thus emissions have been completely eliminated. EPA finds the NOX RACT determination for CitiSteel USA, Incorporated, Electric Arc Furnace (EAF) continues to represent the lowest emission limitation that is reasonably available considering technological and economic feasibility for this source. With respect to the Fluid-Coking Unit (FCU) and Fluid Catalytic Cracking Unit (FCCU) at the Delaware City Refinery Company, EPA finds that the emission limits, compliance requirements and recordkeeping and reporting requirements established by Delaware represent RACT level of control for these units. Other specific requirements of Delaware’s SIP submission addressing 2008 8-hour ozone RACT and the rationale for EPA’s proposed action are explained in the NPR and technical support document (TSD) and will not be restated here. B. RACT and the EPA Startup, Shutdown, and Malfunction (SSM) SIP Call On May 22, 2015, the EPA Administrator signed a final action, VerDate Sep<11>2014 16:24 Dec 07, 2017 Jkt 244001 EPA’s SSM SIP Call (formally, the ‘‘State Implementation Plans: Response to Petition for Rulemaking; Restatement and Update of EPA’s SSM Policy Applicable to SIPs; Findings of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown and Malfunction’’). 80 FR 33839. As discussed in the NPR, Delaware relies upon both Regulation 1124 and Regulation 1142 to meet its RACT obligations for the 2008 ozone NAAQS. Therefore, our review of the Delaware 2015 RACT Submission necessarily included our review of Regulation 1124 and 1142, which were subject to EPA’s SSM SIP Call because at the time EPA found that the provisions gave the State discretion to create exemptions allowing excess emissions during startup and shutdown. In 2016, Delaware revised Regulations 1124 and 1142 in the State law to remove the provisions identified by EPA in EPA’s SSM SIP Call, and Delaware subsequently submitted, on November 21, 2016, a SIP revision to address EPA’s SSM SIP Call for Regulation 1124 (subsection 1.4) and Regulation 1142 (subsection 2.3.1.6). EPA has not yet taken final action on that submittal; any action on Delaware’s November 21, 2016 SSM SIP revision would be done through a separate rulemaking action. As stated in the NPR, the EPA is actively reviewing the SSM SIP Call. Therefore, in the NPR, EPA proposed to approve the 2015 RACT Submission under two alternative bases. EPA proposed to approve Delaware’s 2015 RACT Submission on the basis that either (1) a change in EPA’s SSM policy and withdrawal of the SSM SIP Call as to Delaware Regulations 1124 and 1142 would occur, or (2) a separate final rulemaking action approving the revised versions of Regulations 1124 and 1142 as revised in Delaware’s response to the SSM SIP Call would occur. Under either basis, EPA proposed to find that Delaware’s 2015 RACT Submission is fully consistent with CAA requirements for RACT. EPA was clear that either alternative basis for approval of the Delaware RACT assumed a separate Agency action. EPA did not propose to effectuate either action in this rulemaking. Therefore, EPA did not consider those issues open for public comment as part of this rulemaking action. Any comments filed on this rulemaking that relate to the possibility of EPA changing the SSM Guidance generally, a possible withdrawal of EPA’s SSM SIP Call as to Delaware Regulations 1124 and 1142, or a possible action by EPA on Delaware’s SIP submittal in response to the SSM PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 SIP call are outside the scope of this rulemaking, which is limited to EPA’s action on Delaware’s 2015 RACT Submission. In the proposal, EPA made clear that under either alternative scenario regarding the SSM SIP Call, EPA would deem approval of Delaware’s RACT SIP appropriate. Therefore, although EPA has not yet taken separate action related to the SSM SIP Call (to either withdraw the SIP Call as to Regulations 1124 and 1142 or to act on Delaware’s SSM SIP submittal), we are approving today Delaware’s 2015 RACT Submission because it meets RACT requirements under the CAA for the 2008 8-hour ozone NAAQS for the reasons discussed herein and as proposed in the NPR and in the TSD for this rulemaking.1 We do not believe the SSM SIP Call prevents our final approval of the 2015 RACT Submission as it otherwise meets all CAA RACT requirements. First, as discussed in the NPR, because EPA is reviewing the SSM SIP Call, if EPA later withdraws portions that apply to Delaware’s regulations, the regulations Delaware relies upon for RACT in Regulations 1124 and 1142 fully meet CAA requirements including requirements for emission limitations as well as RACT in sections 110, 172, 182 and 184 of the CAA. Alternatively, if EPA concludes its review and implements the SSM SIP Call, Delaware has already submitted a SIP revision in November 2016 that comprises revised versions of Regulations 1124 and 1142 that lack the director discretion provisions that EPA said in the SSM SIP Call were inconsistent with the CAA. EPA is approving the 2015 RACT Submission because, under the first scenario, if EPA withdraws its SSM SIP Call with respect to Delaware, Delaware’s regulations in the SIP would be in compliance with CAA requirements, and, under the second scenario, if EPA continues to implement the SSM SIP Call, Delaware has either already submitted a revision complying with CAA requirements or, to the extent EPA determines that the already submitted revision is inadequate, Delaware will be required to submit a new or supplemental revision to address any deficiencies. III. Public Comments and EPA’s Responses EPA received adverse public comments on the NPR. EPA has summarized the comments and provides responses to the adverse comments below. All other comments received 1 The TSD is available in the docket for this rulemaking and online at www.regulations.gov. E:\FR\FM\08DER1.SGM 08DER1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Rules and Regulations were not specific to this action and thus are not addressed here. Comment: One comment received from the SSM Coalition states that the CAA does not require nor authorize the EPA to declare SIPs to be inadequate due to provisions exempting or providing alternative requirements during periods of startup, shutdown or malfunction. The commenter notes that the EPA’s SSM SIP Call rule states that the ‘‘SSM SIP Policy’’ is not binding on EPA and thus constitutes guidance. As guidance, this SSM Policy as of 2015 does not bind the states, the EPA nor other parties, but it does reflect the EPA’s interpretation of CAA statutory requirements. The commenter refers to comments it previously filed on EPA’s SSM SIP Call rulemaking. The commenter states EPA is free to approve the Delaware RACT provisions without first acting on provisions identified in the SSM SIP Call as the commenter asserts the state has the discretion to include SSM provisions in its SIP. The commenter also stated EPA should revise its SSM SIP policy and withdraw the SSM SIP Call as to Delaware before approving the 2015 RACT Submission. Response: As EPA stated in the NPR, any comments filed on this rulemaking that relate to the possibility of EPA changing the SSM Guidance generally or a possible withdrawal of EPA’s SSM SIP Call as to Delaware Regulations 1124 and 1142 are outside the scope of this rulemaking, which is limited to EPA’s action on Delaware’s 2015 RACT Submission. Any EPA action to either withdraw the SSM SIP Call as to Delaware Regulations 1124 and 1142 or act on Delaware’s SSM SIP submittal will be a separate Agency action. Comment: Two commenters, the Environmental Integrity Project (EIP) 2 and an anonymous commenter, state that the Delaware provisions identified in EPA’s SSM SIP Call contain impermissible exemptions to emission limitations under the CAA and, therefore, must be corrected before EPA can approve the Delaware 2015 RACT Submission. Commenters argue that approving the Delaware regulations as RACT with SSM exemptions in them violates the CAA requirement that SIPs include enforceable limitations which must apply at all times. Specifically, CAA sections 110(a)(2)(A) and 302(k) require SIPs to include enforceable emission limitations, which must apply on a continuous basis. Contrary to these requirements, the provisions in Delaware Regulations 1124 and 1142 give Delaware unbounded discretion to 2 EIP filed comments on behalf of EIP, Sierra Club, and the Center for Biological Diversity. VerDate Sep<11>2014 16:24 Dec 07, 2017 Jkt 244001 allow exemptions from SIP limits and therefore would not be emissions limitations that apply on a ‘‘continuous’’ basis. These provisions also interfere with the applicable requirements of the CAA because they allow Delaware to alter SIP limits through a process that is contrary to CAA section 110(i). Section 110(i) provides that revisions to SIP provisions take place through specified routes, including formal SIP revision processes. The provisions in Delaware Regulations 1124 and 1142, however, allow the state to alter the SIP limits through a permit process that does not fall into any of the allowed routes for SIP revision under section110(i) and does not require EPA approval. Similarly, the commenter states that the SSM exemptions in Regulations 1124 and 1142 are contrary to the CAA requirements for nonattainment areas in that section 172(c)(6) of the CAA requires nonattainment SIP provisions to include enforceable emission limitations to provide for attainment of the NAAQS, and these limitations required for nonattainment areas by CAA section 172 must also apply on a continuous basis and be enforceable to also meet CAA section 110(a)(2) requirements. The commenter asserted EPA made no claim that the Delaware provisions which include SSM provisions constitute RACT. Lastly, the commenter states that EPA’s approval of the 2015 RACT Submission would be otherwise arbitrary and capricious as the SSM provisions in Delaware Regulations 1124 and 1142 would undermine enforcement of emissions limitations by EPA or citizens as the Delaware provisions identified in the SSM SIP Call would create alternative limits which are not enforceable or would interfere with CAA requirements for continuous emission limitations. The commenter asserts that emission limitations or exemptions from limits established outside the SIP revision process would interfere with attainment and maintenance of the NAAQS and thus with air quality in Delaware. The commenter asserts that if EPA approves the 2015 RACT Submission, EPA must acknowledge its departure from the SSM SIP Call and SSM policy and explain its position; otherwise, action approving the Delaware 2015 RACT Submission would be arbitrary and capricious. Finally, the commenter stated EPA cannot approve the Delaware regulations as meeting RACT while these regulations were found impermissible under the SSM SIP Call on either the hope SSM policy is changed or on the assumption PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 57851 Delaware’s SSM November 2016 SIP revision is adequate. The commenter supports this statement because portions of Delaware Regulations 1124 and 1142 were found ‘‘substantially inadequate’’ to meet CAA requirements which would include RACT. The commenter says EPA assuming Delaware’s November 2016 SIP revision addressing SSM provisions is adequate would preclude public participation and predetermines the outcome of rulemaking on that SIP. The commenter said EPA must first resolve SSM policy before approving the 2015 RACT Submission or address SSM policy before acting and take action on the November 2016 SIP revision addressing the SSM SIP Call. Response: EPA notes that commenters’ statements are repeating arguments made in support of the SSM SIP Call. As stated previously, such comments relating to the SSM SIP Call and its statutory and policy basis in accordance with the CAA are outside the scope of this rulemaking. EPA’s action here is limited to EPA’s action on Delaware’s 2015 RACT Submission. EPA explained above how we are approving the 2015 RACT Submission with the provisions which were identified in the SSM SIP Call as we find the Delaware regulations address RACT and CAA requirements for emission limitations. Thus, we disagree with the commenter that we cannot approve this 2015 RACT Submission without first ‘‘settling’’ SSM policy issues. If EPA, after concluding its reviewing of the SSM SIP Call, acts to withdraw the SSM SIP Call, then no further action is needed for the versions of Regulation 1124 and 1142 in the Delaware SIP as the Delaware regulations fully address RACT for 2008 ozone. If EPA after its review continues implementing the SSM SIP Call, EPA will act in a separate rulemaking on Delaware’s SIP revision submittal which, if approved, would remove from the Delaware SIP the provisions related to SSM in Regulations 1124 and 1142. Contrary to the commenter’s assertion that EPA made ‘‘no claim’’ that Delaware’s emission limits and control measures containing SSM constitute RACT, EPA explained in detail in both the NPR and in the TSD prepared in support of the rulemaking how Regulations 1124 and 1142 address RACT requirements for the 2008 ozone NAAQS.3 EPA’s explanation and analysis outlined how the Delaware regulations and measures reflect the currently available technically and 3 The TSD is available in the docket for this rulemaking and on line at www.regulations.gov. E:\FR\FM\08DER1.SGM 08DER1 57852 Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Rules and Regulations economically feasible controls and the lowest achievable emission limitations for major stationary sources required to have NOX and VOC RACT. EPA also explained in detail in the NPR and TSD how provisions in Regulation 1124 met requirements for CTGs to be in the Delaware SIP as required by CAA sections 182 and 184. Finally, as specifically stated in the NPR, EPA noted that we cannot prejudge a final approval on Delaware’s November 2016 SSM SIP Call submission. EPA explained in the NPR we would take public comment on any proposal to act on that November 2016 SIP and that if EPA would change direction based on comments received on any such proposed rulemaking to approve that SIP submission, we would not be able to approve the SSM SIP Call submission. III. Final Action EPA is approving the State of Delaware’s May 4, 2015 SIP revision submittal (the 2015 RACT Submission) which addresses the 2008 8-hour ozone NAAQS RACT requirements as a revision to the Delaware SIP. sradovich on DSK3GMQ082PROD with RULES IV. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of source specific RACT determinations under the 2008 8-hour ozone NAAQS for certain major sources of NOX and VOC emissions in the State of Delaware as described in the amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these materials generally available through https:// www.regulations.gov and/or at the EPA Region III Office (please contact the person identified in the ‘‘For Further Information Contact’’ section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA’s approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.4 4 62 FR 27968 (May 22, 1997). VerDate Sep<11>2014 16:24 Dec 07, 2017 Jkt 244001 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); • is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866. • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 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, PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 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 February 6, 2018. 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. This action approving the Delaware RACT requirements under the 2008 8-hour 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, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: November 22, 2017. Cosmo Servidio, 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: ■ E:\FR\FM\08DER1.SGM 08DER1 57853 Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Rules and Regulations Authority: 42 U.S.C. 7401 et seq. b. In the table in paragraph (e), adding an entry entitled ‘‘Reasonably Available Control Technology under 2008 8-hour ozone National Ambient Air Quality Standard’’ at the end of the table. ■ Subpart I—Delaware 2. Amend § 52.420 by: a. Revising the table in paragraph (d); and ■ ■ The revision and addition reads as follows: § 52.420 * Identification of plan. * * (d) * * * * * EPA-APPROVED DELAWARE SOURCE-SPECIFIC REQUIREMENTS State effective date Name of source Permit number Getty Oil Co .................. Phoenix Steel Co.— Electric Arc Furnaces Charging & Tapping #2. Delmarva Power & Light—Indian River. Citisteel .......................... 75–A–4 ......................... 77–A–8 ......................... 8/5/1975 12/2/1977 3/7/1979, 44 FR 12423 7/30/1979, 44 FR 25223. § 52.420(c)(11). § 52.420(c)(12). 89–A–7/APC 89/197 .... 2/15/1989 1/22/1990, 55 FR 2067 § 52.420(c)(38). Secretary’s Order No. 2000–A–0033. Secretary’s Order No. 2014–A–0014. 7/11/2000 6/14/2001, 66 FR 32231. 12/8/2017, [Insert Federal Register citation]. Electric Arc Furnace—Approved NOX RACT Determination (1) Fluid-coking unit (FCU) (2) fluid-catalyticcracking unit (FCCU)—Approved Nitrogen Oxide Reasonably Available Control Technology Determinations. Delaware City Refinery Company. 7/18/2014 EPA approval date Additional explanation (e) * * * Name of non-regulatory SIP revision * * Reasonably Available Control Technology under 2008 8hour ozone National Ambient Air Quality Standard. Applicable geographic area * Statewide .................................... BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY Environmental Protection Agency (EPA). ACTION: Withdrawal of direct final rule. AGENCY: Due to the receipt of an adverse comment, the Environmental Protection Agency (EPA) is withdrawing the October 18, 2017, direct final rule approving the Illinois Environmental Protection Agency’s request to redesignate the Chicago and Granite City nonattainment areas to attainment for the 2008 national ambient air quality standards for lead, the state’s sradovich on DSK3GMQ082PROD with RULES Jkt 244001 Eric Svingen, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353–4489, svingen.eric@epa.gov. FOR FURTHER INFORMATION CONTACT: Air Plan Approval; Illinois; Redesignation of the Chicago and Granite City Areas to Attainment of the 2008 Lead Standard; Withdrawal of Direct Final Rule In the direct final rule, EPA stated that if adverse comments were submitted by November 17, 2017, the rule would be withdrawn and not take effect. EPA received an adverse comment prior to the close of the comment period and, therefore, is withdrawing the direct final rule. EPA will address the comment in a subsequent final action based upon the proposed action also published on October 18, 2017 (82 FR 48475). EPA will not institute a second comment period on this action. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00035 Fmt 4700 Sfmt 9990 Additional explanation * * 12/8/2017, [Insert Federal Register citation]. The direct final rule published at 82 FR 48448 on October 18, 2017, is withdrawn effective December 8, 2017. [EPA–R05–OAR–2016–0593; FRL–9971– 77—Region 5] 16:24 Dec 07, 2017 5/4/2015 DATES: 40 CFR Parts 52 and 81 VerDate Sep<11>2014 * EPA approval date maintenance plans for the areas, and rules applying emission limits and other control requirements to lead sources in the areas. [FR Doc. 2017–26301 Filed 12–7–17; 8:45 am] SUMMARY: State submittal date * List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Lead, Reporting and recordkeeping requirements. 40 CFR Part 81 Environmental protection, Air pollution control, National parks, Wilderness areas. Authority: 42 U.S.C. 7401 et seq. Dated: November 27, 2017. Robert A. Kaplan, Acting Regional Administrator, Region 5. Accordingly, the amendments to 40 CFR 52.720 and 81.314 published in the Federal Register on October 18, 2017 (82 FR 48448), are withdrawn effective December 8, 2017. ■ [FR Doc. 2017–26417 Filed 12–7–17; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\08DER1.SGM 08DER1

Agencies

[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)]
[Rules and Regulations]
[Pages 57849-57853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26301]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0656; FRL-9971-58--Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Reasonably Available Control Technology (RACT) State 
Implementation Plan (SIP) Under the 2008 Ozone National Ambient Air 
Quality Standard (NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision submitted by the State of Delaware. 
This revision pertains to reasonably available control technology 
(RACT) requirements under the 2008 8-hour ozone national ambient air 
quality standard (NAAQS). Delaware's submittal for RACT for the 2008 
ozone NAAQS includes certification that, for certain categories of 
sources, RACT controls approved by EPA into Delaware's SIP for previous 
ozone NAAQS are based on currently available technically and 
economically feasible controls and continue to represent RACT for 2008 
8-hour ozone NAAQS implementation purposes; the adoption of new or more 
stringent regulations or controls that represent RACT control levels 
for certain other categories of sources; and a negative declaration 
that certain categories of sources do not exist in Delaware. EPA is 
approving these revisions to the Delaware SIP addressing 2008 8-hour 
ozone RACT in accordance with the requirements of the Clean Air Act 
(CAA).

DATES: This final rule is effective on January 8, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2015-0656. All documents in the docket are listed on 
the https://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (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 through 
https://www.regulations.gov, or please contact the person identified in 
the For Further Information Contact section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Leslie Jones Doherty, (215) 814-3409, 
or by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On September 12, 2017 (82 FR 42767), EPA published a notice of 
proposed rulemaking (NPR) for the State of Delaware. In the NPR, EPA 
proposed approval of Delaware's SIP revision pertaining to the RACT 
requirements under the 2008 8-hour ozone NAAQS. The formal SIP revision 
was submitted by Delaware on May 4, 2015.

II. Summary of SIP Revision and EPA Analysis

A. RACT

    On May 4, 2015, Delaware submitted a SIP revision to address all 
the requirements of RACT set forth by the CAA under the 2008 8-hour 
ozone NAAQS (the 2015 RACT Submission). Specifically, Delaware's 2015 
RACT Submission includes: (1) A certification that for certain 
categories of sources previously adopted nitrogen oxide 
(NOX) and volatile organic compound (VOC) RACT controls in 
Delaware's SIP that were approved by EPA under the 1979 1-hour and 1997 
8-hour ozone NAAQS are based on the currently available technically and 
economically feasible controls, and continue to represent RACT for 
implementation of the 2008 8-hour ozone NAAQS; (2) the adoption of new 
or more stringent regulations or controls that represent RACT control 
levels for certain categories of sources; and (3) a negative 
declaration that certain control technique guidelines (CTGs) or non-CTG 
major sources of VOC and NOX sources do not exist in 
Delaware.
    EPA has reviewed Delaware's 2015 RACT Submission and finds 
Delaware's certification of the RACT regulations for major sources of 
VOC and NOX previously approved by EPA for the 1-hour and 
1997 8-hour ozone NAAQS continue to represent RACT-level controls for 
the source categories for the 2008 8-hour ozone NAAQS. EPA finds that 
Delaware's major stationary source VOC and NOX regulations 
represent the lowest emission limits based on currently available and 
economically feasible control technology for these source categories. 
EPA also finds that Delaware's SIP implements RACT with respect to all 
sources of VOCs covered by a CTG issued prior to July 20, 2014 and all 
major stationary sources of VOC and NOX via Delaware's 
regulations and case-by-case RACT. EPA accepts

[[Page 57850]]

Delaware's negative declarations that the following VOC CTG source 
categories do not exist in Delaware: Manufacture of pneumatic rubber 
tires; wood furniture manufacturing operations; shipbuilding and ship 
repair operations (surface coating); and fiberglass boat manufacturing 
materials. EPA's review indicates that Delaware's 2015 RACT Submission 
meets the RACT requirements for the 2008 8-hour ozone NAAQS for 
applicable CTG source categories and major stationary sources of VOC 
and NOX to address sections 182(b), 182(f) and 184(b)(2) of 
the CAA.
    With respect to the previous case by case RACT determinations 
submitted by Delaware and approved by EPA for the Delaware SIP, the CAA 
section 110(l) states ``The Administrator shall not approve a revision 
of a plan if the revision would interfere with any applicable 
requirement concerning attainment and reasonable further progress (RFP) 
or any applicable requirement of the CAA.'' EPA finds that the removal 
of the emission limits for (1) the Polyhydrate Alcohol Catalyst 
Regenerative process SPI Polyols, Incorporated, (2) the sulfuric acid 
process and inter-stage absorption system at General Chemical 
Corporation and (3) the metallic nitrite process at General Chemical 
Corporation from the Delaware SIP will not interfere with attainment of 
any NAAQS or with RFP or any applicable requirement of the CAA because 
these sources have permanently shut down and thus emissions have been 
completely eliminated. EPA finds the NOX RACT determination 
for CitiSteel USA, Incorporated, Electric Arc Furnace (EAF) continues 
to represent the lowest emission limitation that is reasonably 
available considering technological and economic feasibility for this 
source. With respect to the Fluid-Coking Unit (FCU) and Fluid Catalytic 
Cracking Unit (FCCU) at the Delaware City Refinery Company, EPA finds 
that the emission limits, compliance requirements and recordkeeping and 
reporting requirements established by Delaware represent RACT level of 
control for these units.
    Other specific requirements of Delaware's SIP submission addressing 
2008 8-hour ozone RACT and the rationale for EPA's proposed action are 
explained in the NPR and technical support document (TSD) and will not 
be restated here.

B. RACT and the EPA Startup, Shutdown, and Malfunction (SSM) SIP Call

    On May 22, 2015, the EPA Administrator signed a final action, EPA's 
SSM SIP Call (formally, the ``State Implementation Plans: Response to 
Petition for Rulemaking; Restatement and Update of EPA's SSM Policy 
Applicable to SIPs; Findings of Substantial Inadequacy; and SIP Calls 
to Amend Provisions Applying to Excess Emissions During Periods of 
Startup, Shutdown and Malfunction''). 80 FR 33839. As discussed in the 
NPR, Delaware relies upon both Regulation 1124 and Regulation 1142 to 
meet its RACT obligations for the 2008 ozone NAAQS. Therefore, our 
review of the Delaware 2015 RACT Submission necessarily included our 
review of Regulation 1124 and 1142, which were subject to EPA's SSM SIP 
Call because at the time EPA found that the provisions gave the State 
discretion to create exemptions allowing excess emissions during 
startup and shutdown. In 2016, Delaware revised Regulations 1124 and 
1142 in the State law to remove the provisions identified by EPA in 
EPA's SSM SIP Call, and Delaware subsequently submitted, on November 
21, 2016, a SIP revision to address EPA's SSM SIP Call for Regulation 
1124 (subsection 1.4) and Regulation 1142 (subsection 2.3.1.6). EPA has 
not yet taken final action on that submittal; any action on Delaware's 
November 21, 2016 SSM SIP revision would be done through a separate 
rulemaking action.
    As stated in the NPR, the EPA is actively reviewing the SSM SIP 
Call. Therefore, in the NPR, EPA proposed to approve the 2015 RACT 
Submission under two alternative bases.
    EPA proposed to approve Delaware's 2015 RACT Submission on the 
basis that either (1) a change in EPA's SSM policy and withdrawal of 
the SSM SIP Call as to Delaware Regulations 1124 and 1142 would occur, 
or (2) a separate final rulemaking action approving the revised 
versions of Regulations 1124 and 1142 as revised in Delaware's response 
to the SSM SIP Call would occur. Under either basis, EPA proposed to 
find that Delaware's 2015 RACT Submission is fully consistent with CAA 
requirements for RACT. EPA was clear that either alternative basis for 
approval of the Delaware RACT assumed a separate Agency action. EPA did 
not propose to effectuate either action in this rulemaking. Therefore, 
EPA did not consider those issues open for public comment as part of 
this rulemaking action. Any comments filed on this rulemaking that 
relate to the possibility of EPA changing the SSM Guidance generally, a 
possible withdrawal of EPA's SSM SIP Call as to Delaware Regulations 
1124 and 1142, or a possible action by EPA on Delaware's SIP submittal 
in response to the SSM SIP call are outside the scope of this 
rulemaking, which is limited to EPA's action on Delaware's 2015 RACT 
Submission.
    In the proposal, EPA made clear that under either alternative 
scenario regarding the SSM SIP Call, EPA would deem approval of 
Delaware's RACT SIP appropriate. Therefore, although EPA has not yet 
taken separate action related to the SSM SIP Call (to either withdraw 
the SIP Call as to Regulations 1124 and 1142 or to act on Delaware's 
SSM SIP submittal), we are approving today Delaware's 2015 RACT 
Submission because it meets RACT requirements under the CAA for the 
2008 8-hour ozone NAAQS for the reasons discussed herein and as 
proposed in the NPR and in the TSD for this rulemaking.\1\ We do not 
believe the SSM SIP Call prevents our final approval of the 2015 RACT 
Submission as it otherwise meets all CAA RACT requirements. First, as 
discussed in the NPR, because EPA is reviewing the SSM SIP Call, if EPA 
later withdraws portions that apply to Delaware's regulations, the 
regulations Delaware relies upon for RACT in Regulations 1124 and 1142 
fully meet CAA requirements including requirements for emission 
limitations as well as RACT in sections 110, 172, 182 and 184 of the 
CAA. Alternatively, if EPA concludes its review and implements the SSM 
SIP Call, Delaware has already submitted a SIP revision in November 
2016 that comprises revised versions of Regulations 1124 and 1142 that 
lack the director discretion provisions that EPA said in the SSM SIP 
Call were inconsistent with the CAA. EPA is approving the 2015 RACT 
Submission because, under the first scenario, if EPA withdraws its SSM 
SIP Call with respect to Delaware, Delaware's regulations in the SIP 
would be in compliance with CAA requirements, and, under the second 
scenario, if EPA continues to implement the SSM SIP Call, Delaware has 
either already submitted a revision complying with CAA requirements or, 
to the extent EPA determines that the already submitted revision is 
inadequate, Delaware will be required to submit a new or supplemental 
revision to address any deficiencies.
---------------------------------------------------------------------------

    \1\ The TSD is available in the docket for this rulemaking and 
online at www.regulations.gov.
---------------------------------------------------------------------------

III. Public Comments and EPA's Responses

    EPA received adverse public comments on the NPR. EPA has summarized 
the comments and provides responses to the adverse comments below. All 
other comments received

[[Page 57851]]

were not specific to this action and thus are not addressed here.
    Comment: One comment received from the SSM Coalition states that 
the CAA does not require nor authorize the EPA to declare SIPs to be 
inadequate due to provisions exempting or providing alternative 
requirements during periods of startup, shutdown or malfunction. The 
commenter notes that the EPA's SSM SIP Call rule states that the ``SSM 
SIP Policy'' is not binding on EPA and thus constitutes guidance. As 
guidance, this SSM Policy as of 2015 does not bind the states, the EPA 
nor other parties, but it does reflect the EPA's interpretation of CAA 
statutory requirements. The commenter refers to comments it previously 
filed on EPA's SSM SIP Call rulemaking. The commenter states EPA is 
free to approve the Delaware RACT provisions without first acting on 
provisions identified in the SSM SIP Call as the commenter asserts the 
state has the discretion to include SSM provisions in its SIP. The 
commenter also stated EPA should revise its SSM SIP policy and withdraw 
the SSM SIP Call as to Delaware before approving the 2015 RACT 
Submission.
    Response: As EPA stated in the NPR, any comments filed on this 
rulemaking that relate to the possibility of EPA changing the SSM 
Guidance generally or a possible withdrawal of EPA's SSM SIP Call as to 
Delaware Regulations 1124 and 1142 are outside the scope of this 
rulemaking, which is limited to EPA's action on Delaware's 2015 RACT 
Submission. Any EPA action to either withdraw the SSM SIP Call as to 
Delaware Regulations 1124 and 1142 or act on Delaware's SSM SIP 
submittal will be a separate Agency action.
    Comment: Two commenters, the Environmental Integrity Project (EIP) 
\2\ and an anonymous commenter, state that the Delaware provisions 
identified in EPA's SSM SIP Call contain impermissible exemptions to 
emission limitations under the CAA and, therefore, must be corrected 
before EPA can approve the Delaware 2015 RACT Submission. Commenters 
argue that approving the Delaware regulations as RACT with SSM 
exemptions in them violates the CAA requirement that SIPs include 
enforceable limitations which must apply at all times. Specifically, 
CAA sections 110(a)(2)(A) and 302(k) require SIPs to include 
enforceable emission limitations, which must apply on a continuous 
basis. Contrary to these requirements, the provisions in Delaware 
Regulations 1124 and 1142 give Delaware unbounded discretion to allow 
exemptions from SIP limits and therefore would not be emissions 
limitations that apply on a ``continuous'' basis. These provisions also 
interfere with the applicable requirements of the CAA because they 
allow Delaware to alter SIP limits through a process that is contrary 
to CAA section 110(i). Section 110(i) provides that revisions to SIP 
provisions take place through specified routes, including formal SIP 
revision processes. The provisions in Delaware Regulations 1124 and 
1142, however, allow the state to alter the SIP limits through a permit 
process that does not fall into any of the allowed routes for SIP 
revision under section110(i) and does not require EPA approval. 
Similarly, the commenter states that the SSM exemptions in Regulations 
1124 and 1142 are contrary to the CAA requirements for nonattainment 
areas in that section 172(c)(6) of the CAA requires nonattainment SIP 
provisions to include enforceable emission limitations to provide for 
attainment of the NAAQS, and these limitations required for 
nonattainment areas by CAA section 172 must also apply on a continuous 
basis and be enforceable to also meet CAA section 110(a)(2) 
requirements. The commenter asserted EPA made no claim that the 
Delaware provisions which include SSM provisions constitute RACT. 
Lastly, the commenter states that EPA's approval of the 2015 RACT 
Submission would be otherwise arbitrary and capricious as the SSM 
provisions in Delaware Regulations 1124 and 1142 would undermine 
enforcement of emissions limitations by EPA or citizens as the Delaware 
provisions identified in the SSM SIP Call would create alternative 
limits which are not enforceable or would interfere with CAA 
requirements for continuous emission limitations. The commenter asserts 
that emission limitations or exemptions from limits established outside 
the SIP revision process would interfere with attainment and 
maintenance of the NAAQS and thus with air quality in Delaware. The 
commenter asserts that if EPA approves the 2015 RACT Submission, EPA 
must acknowledge its departure from the SSM SIP Call and SSM policy and 
explain its position; otherwise, action approving the Delaware 2015 
RACT Submission would be arbitrary and capricious. Finally, the 
commenter stated EPA cannot approve the Delaware regulations as meeting 
RACT while these regulations were found impermissible under the SSM SIP 
Call on either the hope SSM policy is changed or on the assumption 
Delaware's SSM November 2016 SIP revision is adequate. The commenter 
supports this statement because portions of Delaware Regulations 1124 
and 1142 were found ``substantially inadequate'' to meet CAA 
requirements which would include RACT. The commenter says EPA assuming 
Delaware's November 2016 SIP revision addressing SSM provisions is 
adequate would preclude public participation and predetermines the 
outcome of rulemaking on that SIP. The commenter said EPA must first 
resolve SSM policy before approving the 2015 RACT Submission or address 
SSM policy before acting and take action on the November 2016 SIP 
revision addressing the SSM SIP Call.
---------------------------------------------------------------------------

    \2\ EIP filed comments on behalf of EIP, Sierra Club, and the 
Center for Biological Diversity.
---------------------------------------------------------------------------

    Response: EPA notes that commenters' statements are repeating 
arguments made in support of the SSM SIP Call. As stated previously, 
such comments relating to the SSM SIP Call and its statutory and policy 
basis in accordance with the CAA are outside the scope of this 
rulemaking. EPA's action here is limited to EPA's action on Delaware's 
2015 RACT Submission. EPA explained above how we are approving the 2015 
RACT Submission with the provisions which were identified in the SSM 
SIP Call as we find the Delaware regulations address RACT and CAA 
requirements for emission limitations. Thus, we disagree with the 
commenter that we cannot approve this 2015 RACT Submission without 
first ``settling'' SSM policy issues. If EPA, after concluding its 
reviewing of the SSM SIP Call, acts to withdraw the SSM SIP Call, then 
no further action is needed for the versions of Regulation 1124 and 
1142 in the Delaware SIP as the Delaware regulations fully address RACT 
for 2008 ozone. If EPA after its review continues implementing the SSM 
SIP Call, EPA will act in a separate rulemaking on Delaware's SIP 
revision submittal which, if approved, would remove from the Delaware 
SIP the provisions related to SSM in Regulations 1124 and 1142.
    Contrary to the commenter's assertion that EPA made ``no claim'' 
that Delaware's emission limits and control measures containing SSM 
constitute RACT, EPA explained in detail in both the NPR and in the TSD 
prepared in support of the rulemaking how Regulations 1124 and 1142 
address RACT requirements for the 2008 ozone NAAQS.\3\ EPA's 
explanation and analysis outlined how the Delaware regulations and 
measures reflect the currently available technically and

[[Page 57852]]

economically feasible controls and the lowest achievable emission 
limitations for major stationary sources required to have 
NOX and VOC RACT. EPA also explained in detail in the NPR 
and TSD how provisions in Regulation 1124 met requirements for CTGs to 
be in the Delaware SIP as required by CAA sections 182 and 184.
---------------------------------------------------------------------------

    \3\ The TSD is available in the docket for this rulemaking and 
on line at www.regulations.gov.
---------------------------------------------------------------------------

    Finally, as specifically stated in the NPR, EPA noted that we 
cannot prejudge a final approval on Delaware's November 2016 SSM SIP 
Call submission. EPA explained in the NPR we would take public comment 
on any proposal to act on that November 2016 SIP and that if EPA would 
change direction based on comments received on any such proposed 
rulemaking to approve that SIP submission, we would not be able to 
approve the SSM SIP Call submission.

III. Final Action

    EPA is approving the State of Delaware's May 4, 2015 SIP revision 
submittal (the 2015 RACT Submission) which addresses the 2008 8-hour 
ozone NAAQS RACT requirements as a revision to the Delaware SIP.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of source 
specific RACT determinations under the 2008 8-hour ozone NAAQS for 
certain major sources of NOX and VOC emissions in the State 
of Delaware as described in the amendments to 40 CFR part 52 set forth 
below. EPA has made, and will continue to make, these materials 
generally available through https://www.regulations.gov and/or at the 
EPA Region III Office (please contact the person identified in the 
``For Further Information Contact'' section of this preamble for more 
information). Therefore, these materials have been approved by EPA for 
inclusion in the SIP, have been incorporated by reference by EPA into 
that plan, are fully federally enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated by reference by the Director of the 
Federal Register in the next update to the SIP compilation.\4\
---------------------------------------------------------------------------

    \4\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

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);
     is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 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 February 6, 2018. 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. This action approving the Delaware RACT requirements under the 
2008 8-hour 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, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: November 22, 2017.
Cosmo Servidio,
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:


[[Page 57853]]


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

Subpart I--Delaware

0
2. Amend Sec.  52.420 by:
0
a. Revising the table in paragraph (d); and
0
 b. In the table in paragraph (e), adding an entry entitled 
``Reasonably Available Control Technology under 2008 8-hour ozone 
National Ambient Air Quality Standard'' at the end of the table.
    The revision and addition reads as follows:


Sec.  52.420   Identification of plan.

* * * * *
    (d) * * *

                               EPA-Approved Delaware Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                          State
         Name of source             Permit number    effective date   EPA approval date   Additional explanation
----------------------------------------------------------------------------------------------------------------
Getty Oil Co...................  75-A-4............        8/5/1975  3/7/1979, 44 FR     Sec.   52.420(c)(11).
                                                                      12423.
Phoenix Steel Co.--Electric Arc  77-A-8............       12/2/1977  7/30/1979, 44 FR    Sec.   52.420(c)(12).
 Furnaces Charging & Tapping #2.                                      25223.
Delmarva Power & Light--Indian   89-A-7/APC 89/197.       2/15/1989  1/22/1990, 55 FR    Sec.   52.420(c)(38).
 River.                                                               2067.
Citisteel......................  Secretary's Order        7/11/2000  6/14/2001, 66 FR    Electric Arc Furnace--
                                  No. 2000-A-0033.                    32231.              Approved NOX RACT
                                                                                          Determination
Delaware City Refinery Company.  Secretary's Order        7/18/2014  12/8/2017, [Insert  (1) Fluid-coking unit
                                  No. 2014-A-0014.                    Federal Register    (FCU) (2) fluid-
                                                                      citation].          catalytic-cracking
                                                                                          unit (FCCU)--Approved
                                                                                          Nitrogen Oxide
                                                                                          Reasonably Available
                                                                                          Control Technology
                                                                                          Determinations.
----------------------------------------------------------------------------------------------------------------

    (e) * * *

----------------------------------------------------------------------------------------------------------------
  Name of non-regulatory SIP       Applicable     State submittal    EPA approval
           revision              geographic area        date             date           Additional explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Reasonably Available Control    Statewide.......        5/4/2015   12/8/2017,        ...........................
 Technology under 2008 8-hour                                       [Insert Federal
 ozone National Ambient Air                                         Register
 Quality Standard.                                                  citation].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-26301 Filed 12-7-17; 8:45 am]
 BILLING CODE 6560-50-P
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