Outer Continental Shelf Air Regulations; Consistency Update for Delaware, 13132-13138 [2019-06488]
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Federal Register / Vol. 84, No. 65 / Thursday, April 4, 2019 / Rules and Regulations
action’’ as an action likely to result in
a rule that may—
(1) Have an annual effect on the
economy of $100 million or more, or
adversely affect a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or Tribal governments or
communities in a material way (also
referred to as an ‘‘economically
significant’’ rule);
(2) Create serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impacts of entitlement grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
stated in the Executive order.
This final regulatory action is not a
significant regulatory action subject to
review by OMB under section 3(f) of
Executive Order 12866.
Under Executive Order 13771, for
each new regulation that the
Department proposes for notice and
comment or otherwise promulgates that
is a significant regulatory action under
Executive Order 12866, and that
imposes total costs greater than zero, it
must identify two deregulatory actions.
For FY 2019, any new incremental costs
associated with a new regulation must
be fully offset by the elimination of
existing costs through deregulatory
actions. Because the proposed
regulatory action is not significant, the
requirements of Executive Order 13771
do not apply.
We have also reviewed this final
regulatory action under Executive Order
13563, which supplements and
explicitly reaffirms the principles,
structures, and definitions governing
regulatory review established in
Executive Order 12866. To the extent
permitted by law, Executive Order
13563 requires that an agency—
(1) Propose or adopt regulations only
upon a reasoned determination that
their benefits justify their costs
(recognizing that some benefits and
costs are difficult to quantify);
(2) Tailor its regulations to impose the
least burden on society, consistent with
obtaining regulatory objectives and
taking into account—among other things
and to the extent practicable—the costs
of cumulative regulations;
(3) In choosing among alternative
regulatory approaches, select those
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety,
and other advantages; distributive
impacts; and equity);
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(4) To the extent feasible, specify
performance objectives, rather than the
behavior or manner of compliance a
regulated entity must adopt; and
(5) Identify and assess available
alternatives to direct regulation,
including economic incentives—such as
user fees or marketable permits—to
encourage the desired behavior, or
provide information that enables the
public to make choices.
Executive Order 13563 also requires
an agency ‘‘to use the best available
techniques to quantify anticipated
present and future benefits and costs as
accurately as possible.’’ The Office of
Information and Regulatory Affairs of
OMB has emphasized that these
techniques may include ‘‘identifying
changing future compliance costs that
might result from technological
innovation or anticipated behavioral
changes.’’
We are issuing these final priorities,
requirements, definitions, and
performance measures only on a
reasoned determination that their
benefits justify their costs. In choosing
among alternative regulatory
approaches, we selected those
approaches that maximize net benefits.
Based on the analysis that follows, the
Department believes that this regulatory
action is consistent with the principles
in Executive Order 13563.
We also have determined that this
final regulatory action does not unduly
interfere with State, local, and tribal
governments in the exercise of their
governmental functions.
These final priorities, requirements,
definitions, and performance measures
are needed to implement the CC
program award process in the manner
that the Department believes will best
enable the program to achieve its
objectives of providing capacitybuilding services to SEAs, REAs, LEAs,
and schools that help improve
educational outcomes for all students,
close achievement gaps, and improve
the quality of instruction.
Intergovernmental Review: This
program is subject to Executive Order
12372 and the regulations in 34 CFR
part 79. One of the objectives of the
Executive order is to foster an
intergovernmental partnership and a
strengthened federalism. The Executive
order relies on processes developed by
State and local governments for
coordination and review of proposed
Federal financial assistance.
This document provides early
notification of our specific plans and
actions for this program.
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format (e.g., Braille, large
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print, audiotape, or compact disc) on
request to the program contact person
listed under FOR FURTHER INFORMATION
CONTACT.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. At this site you can
view this document, as well as all other
documents of this Department
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF). To use PDF you must
have Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Dated: April 1, 2019.
Frank Brogan,
Assistant Secretary for Elementary and
Secondary Education.
[FR Doc. 2019–06583 Filed 4–3–19; 8:45 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 55
[EPA–R03–OAR–2009–0238; FRL–9990–18–
Region 3]
Outer Continental Shelf Air
Regulations; Consistency Update for
Delaware
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is updating a portion of
the Outer Continental Shelf (OCS) Air
Regulations. Requirements applying to
OCS sources located within 25 miles of
states’ seaward boundaries must be
updated periodically to remain
consistent with the requirements of the
corresponding onshore area (COA), as
mandated by section 328(a)(1) of the
Clean Air Act (CAA). The portion of the
OCS air regulations that is being
updated pertains to the requirements for
OCS sources for which Delaware is the
designated COA. The State of
Delaware’s requirements discussed in
this document are incorporated by
reference into the Code of Federal
Regulations and listed in the appendix
to the federal OCS air regulations.
SUMMARY:
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This rule is effective on May 6,
2019. The incorporation by reference of
certain publications listed in this rule is
approved by the Director of the Federal
Register as of May 6, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2009–0238. All
documents in the docket are listed on
the https://www.regulations.gov website.
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: Mrs.
Amy Johansen, Office of Permits and
State Programs (3AP10), Air Protection
Division, U.S. Environmental Protection
Agency, Region 3, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2156.
Mrs. Johansen can also be reached via
electronic mail at johansen.amy@
epa.gov.
DATES:
SUPPLEMENTARY INFORMATION:
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I. Background
On December 3, 2018 (83 FR 62283),
EPA published a Notice of Proposed
Rulemaking (NPRM) proposing to
incorporate various Delaware air
pollution control requirements into 40
CFR part 55. EPA received two sets of
comments in response to the December
3, 2018 NPRM. The comments did not
concern any of the specific issues raised
in the NPRM, nor did they address
EPA’s rationale for the proposed
approval of this Consistency Update for
OCS requirements. Therefore, EPA is
not responding to those comments.
Pursuant to 40 CFR 55.12, consistency
reviews will occur (1) at least annually;
(2) upon receipt of a Notice of Intent
(NOI) under 40 CFR 55.4; or (3) when
a state or local agency submits a rule to
EPA to be considered for incorporation
by reference in 40 CFR part 55. This
action is being taken in response to the
submittal of a NOI on August 8, 2018,
by Deepwater Wind, LLC on behalf of
Garden State Offshore Energy, LLC for
the proposed installation of a
meteorological buoy for the purposes of
gathering meteorological data to support
development of offshore wind projects.
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Section 328(a) of the CAA requires
that EPA establish requirements to
control air pollution from OCS sources
located within 25 miles of States’
seaward boundaries that are the same as
onshore requirements. To comply with
this statutory mandate, EPA must
incorporate applicable onshore rules
into 40 CFR part 55 as they exist
onshore. This limits EPA’s flexibility in
deciding which requirements will be
incorporated into 40 CFR part 55 and
prevents EPA from making substantive
changes to the requirements it
incorporates. As a result, EPA may be
incorporating rules into 40 CFR part 55
that do not conform to all of EPA’s state
implementation plan (SIP) guidance or
certain requirements of the CAA.
Consistency updates may result in the
inclusion of state or local rules or
regulations into 40 CFR part 55, even
though the same rules may ultimately be
disapproved for inclusion as part of the
SIP. Inclusion in the OCS rule does not
imply that a rule meets the requirements
of the CAA for SIP approval, nor does
it imply that the rule will be approved
by EPA for inclusion in the SIP.
EPA reviewed Delaware’s rules for
inclusion in 40 CFR part 55 to ensure
that they are rationally related to the
attainment or maintenance of Federal or
state ambient air quality standards and
compliance with part C of title I of the
CAA, that they are not designed
expressly to prevent exploration and
development of the OCS, and that they
are potentially applicable to OCS
sources. See 40 CFR 55.1. EPA has also
evaluated the rules to ensure they are
not arbitrary or capricious. See 40 CFR
55.12(e). In addition, EPA has excluded
administrative or procedural rules,1 and
requirements that regulate toxics which
are not related to the attainment and
maintenance of Federal and state
ambient air quality standards. Other
specific requirements of the consistency
update and the rationale for EPA’s
proposed action are explained in the
December 3, 2018 NPRM and will not be
restated here.
II. Final Action
EPA is taking final action to
incorporate the rules potentially
applicable to OCS sources for which the
State of Delaware will be the COA. The
rules that EPA is taking final action to
1 Each COA which has been delegated the
authority to implement and enforce 40 CFR part 55
will use its administrative and procedural rules as
onshore. However, in those instances where EPA
has not delegated authority to implement and
enforce 40 CFR part 55, EPA will use its own
administrative and procedural requirements to
implement the substantive requirements. See 40
CFR 55.14(c)(4).
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incorporate are applicable provisions of
Title 7 of the Delaware Administrative
Code, as amended through November
11, 2018. The rules that EPA is taking
final action to incorporate will replace
the rules previously incorporated into
40 CFR part 55 for Delaware. See 74 FR
40498 (August 13, 2009).
III. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, EPA is finalizing the
incorporation by reference of Title 7 of
the Delaware Administrative Code
described in the amendments to 40 CFR
part 55 set forth below. EPA has made,
and will continue to make, these
materials available through
www.regulations.gov and at the EPA
Region III Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to establish
requirements to control air pollution
from OCS sources located within 25
miles of states’ seaward boundaries that
are the same as onshore air pollution
control requirements. To comply with
this statutory mandate, the EPA must
incorporate applicable onshore rules
into 40 CFR part 55 as they exist
onshore. See 42 U.S.C. 7627(a)(1); 40
CFR 55.12. Thus, in promulgating OCS
consistency updates, EPA’s role is to
maintain consistency between OCS
regulations and the regulations of
onshore areas, provided that they meet
the criteria of the CAA. Accordingly,
this action simply updates the existing
OCS requirements to make them
consistent with requirements onshore,
without the exercise of any policy
direction by EPA. 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
regulatory action because this action is
not significant 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
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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 incorporating by
reference sections of Title 7 of the
Delaware Administrative Code, does not
have tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because this action
is not approved to apply in Indian
country located in the state, and EPA
notes that it does not impose substantial
direct costs on tribal governments or
preemptive tribal law.
Under the provisions of the
Paperwork Reduction Act, 44 U.S.C
3501 et seq., an agency may not conduct
or sponsor, and a person is not required
to respond to, a collection of
information unless it displays a
currently valid OMB control number.
OMB has approved the information
collection requirements contained in 40
CFR part 55 and, by extension, this
update to the rules, and has assigned
OMB control number 2060–0249. OMB
approved the EPA Information
Collection Request (ICR) No. 1601.08 on
September 18, 2017.1 The current
approval expires September 30, 2020.
The annual public reporting and
recordkeeping burden for collection of
information under 40 CFR part 55 is
estimated to average 643 hours per
response, using the definition of burden
provided in 44 U.S.C. 3502(2).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
1 OMB’s approval of the ICR can be viewed at
www.reginfo.gov.
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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. The 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).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by June 3, 2019.
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 may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
EPA is incorporating the rules
potentially applicable to sources for
which the State of Delaware is the COA.
The rules that EPA is incorporating are
applicable provisions of Title 7 of the
Delaware Administrative Code,
specifically, Air Quality Management
Section 1100.
List of Subjects in 40 CFR Part 55
Environmental protection,
Administrative practice and procedure,
Air pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Outer continental
shelf, Ozone, Particulate matter,
Permits, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: February 14, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
Part 55 of Chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
PART 55—OUTER CONTINENTAL
SHELF AIR REGULATIONS
1. The authority citation for part 55
continues to read as follows:
■
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Authority: Section 328 of the Clean Air Act
(42 U.S.C. 7401 et seq.) as amended by Public
Law 101–549.
2. Section 55.14 is amended by
revising paragraph (e)(5)(i)(A) to read as
follows:
■
§ 55.14 Requirements that apply to OCS
sources located within 25 miles of States’
seaward boundaries, by State.
*
*
*
*
*
(e) * * *
(5) * * *
(i) * * *
(A) State of Delaware Requirements
Applicable to OCS Sources, November
11, 2018.
*
*
*
*
*
■ 3. Appendix A to part 55 is amended
under ‘‘Delaware’’ by revising paragraph
(a)(1) and adding paragraph (b) to read
as follows:
Appendix A to Part 55—Listing of State
and Local Requirements Incorporated
by Reference Into Part 55, by State
*
*
*
*
*
Delaware
(a) * * *
(1) The following State of Delaware
requirements are applicable to OCS Sources,
November 11, 2018, State of Delaware—
Department of Natural Resources and
Environmental Control. The following
sections of Title 7 Delaware Administrative
Code 1100—Air Quality Management
Section:
7 DE Admin. Code 1101: Definitions and
Administrative Principals
Section 1.0: General Provisions (Effective 02/
01/1981)
Section 2.0: Definitions (Effective 12/11/
2016)
Section 3.0: Administrative Principals
(Effective 11/11/2013)
Section 4.0: Abbreviations (Effective 02/01/
1981)
7 DE Admin. Code 1102: Permits
Section 1.0: General Provisions (Effective 06/
11/2006)
Section 2.0: Applicability (Effective 06/11/
2006)
Section 3.0: Application/Registration
Prepared by Interested Party (Effective
06/01/1997)
Section 4.0: Cancellation of Construction
Permits (Effective 06/01/1997)
Section 5.0: Action on Applications
(Effective 06/01/1997)
Section 6.0: Denial, Suspension or
Revocation of Operating Permits
(Effective 06/11/2006)
Section 7.0: Transfer of Permit/Registration
Prohibited (Effective 06/01/1997)
Section 8.0: Availability of Permit/
Registration (Effective 06/01/1997)
Section 9.0: Registration Submittal (Effective
06/01/1997)
Section 10.0: Source Category Permit
Application (Effective 06/01/1997)
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Section 11.0: Permit Application (Effective
06/11/2006)
Section 12.0: Public Participation (Effective
06/11/2006)
Section 13.0: Department Records (Effective
06/01/1997)
Appendix A (Effective 06/11/2006)
7 DE Admin. Code 1103: Ambient Air
Quality Standards
Section 1.0: General Provisions (Effective 01/
11/2014)
Section 2.0: General Restrictions (Effective
02/01/1981)
Section 3.0: Suspended Particulates
(Effective 02/01/1981)
Section 4.0: Sulfur Dioxide (Effective 01/11/
2014)
Section 5.0: Carbon Monoxide (Effective 02/
01/1981)
Section 6.0: Ozone (Effective 01/11/2014)
Section 7.0: Hydrocarbons (Effective 02/01/
1981)
Section 8.0: Nitrogen Dioxide (Effective 01/
11/2014)
Section 9.0: Hydrogen Sulfide (Effective 02/
01/1981)
Section 10.0: Lead (Effective 01/11/2014)
Section 11.0: PM10 and PM2.5 Particulates
(Effective 01/11/2014)
7 DE Admin. Code 1104: Particulate
Emissions From Fuel Burning Equipment
Section 1.0: General Provisions (Effective 01/
11/2017)
Section 2.0: Emission Limits (Effective 01/11/
2017)
7 DE Admin. Code 1105: Particulate
Emissions From Industrial Process
Operations
Section 1.0: General Provisions (Effective 01/
11/2017)
Section 2.0: General Restrictions (Effective
01/11/2017)
Section 3.0: Restrictions on Hot Mix Asphalt
Batching Operations (Effective 02/01/
1981)
Section 4.0: Restrictions on Secondary Metal
Operations (Effective 01/11/2017)
Section 5.0: Restrictions on Petroleum
Refining Operations (Effective 01/11/
2017)
Section 6.0: Restrictions on Prill Tower
Operations (Effective 02/01/1981)
Section 7.0: Control of Potentially Hazardous
Particulate Matter (Effective 02/01/1981)
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7 DE Admin. Code 1106: Particulate
Emissions From Construction and Materials
Handling
Section 1.0: General Provisions (Effective 02/
01/1981)
Section 2.0: Demolition (Effective 02/01/
1981)
Section 3.0: Grading, Land Clearing,
Excavation and Use of Non-Paved Roads
(Effective 02/01/1981)
Section 4.0: Material Movement (Effective
02/01/1981)
Section 5.0: Sandblasting (Effective 02/01/
1981)
Section 6.0: Material Storage (Effective 02/
01/1981)
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7 DE Admin. Code 1107: Emissions From
Incineration of Noninfectious Waster
Section 1.0: General Provisions (Effective 10/
13/1989)
Section 2.0: Restrictions (Effective 10/13/
1989)
7 DE Admin. Code 1108: Sulfur Dioxide
Emissions From Fuel Burning Equipment
Section 1.0: General Provisions (Effective 07/
11/2013)
Section 2.0: Limit on Sulfur Content of Fuel
(Effective 07/11/2013)
Section 3.0: Emission Control in Lieu of
Sulfur Content Limits of 2.0 of This
Regulation (Effective 07/11/2013)
Section 4.0: Sampling and Testing Methods
and Requirements (Effective 07/11/2013)
Section 5.0: Recordkeeping and Reporting
(Effective 07/11/2013)
7 DE Admin. Code 1109: Emissions of Sulfur
Compounds From Industrial Operations
Section 1.0: General Provisions (Effective 05/
09/1985)
Section 2.0: Restrictions on Sulfuric Acid
Manufacturing Operations (Effective 02/
01/1981)
Section 3.0: Restriction on Sulfuric Recovery
Operations (Effective 02/01/1981)
Section 4.0: Stack Height Requirements
(Effective 02/01/1981)
7 DE Admin. Code 1110: Control of Sulfur
Dioxide Emissions—Kent and Sussex
Counties
Section 1.0: Requirements for Existing
Sources of Sulfur Dioxide (Effective 01/
18/1982)
Section 2.0: Requirements for New Sources of
Sulfur Dioxide (Effective 02/01/1981)
7 DE Admin. Code 1111: Carbon Monoxide
Emissions From Industrial Process
Operations New Castle County
Section 1.0: General Provisions (Effective 02/
01/1981)
Section 2.0: Restrictions on Petroleum
Refining Operations (Effective 02/01/
1981)
7 DE Admin. Code 1112: Control of Nitrogen
Oxide Emissions
Section 1.0: Applicability (Effective 11/24/
1993)
Section 2.0: Definitions (Effective 11/24/
1993)
Section 3.0: Standards (Effective 11/24/1993)
Section 4.0: Exemptions (Effective 11/24/
1993)
Section 5.0: Alternative and Equivalent
RACT Determinations (11/24/1993)
Section 6.0: RACT Proposals (11/24/1993)
Section 7.0: Compliance Certification,
Recordkeeping, and Reporting
Requirements (Effective 11/24/1993)
7 DE Admin. Code 1113: Open Burning
Section 1.0: Purpose (Effective 04/11/2007)
Section 2.0: Applicability (Effective 04/11/
2007)
Section 3.0: Definitions (Effective 04/11/
2007)
Section 4.0: Prohibitions and Related
Provisions (Effective 04/11/2007)
Section 5.0: Season and Time Restrictions
(Effective 04/11/2007)
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13135
Section 6.0: Allowable Open Burning
(Effective 04/11/2007)
Section 7.0: Exemptions (Effective 04/11/
2007)
7 DE Admin. Code 1114: Visible Emissions
Section 1.0: General Provisions (Effective 11/
11/2013)
Section 2.0: Requirements (Effective 05/11/
2018)
Section 3.0: Alternate Opacity Requirements
(Effective 07/17/1984)
Section 4.0: Compliance With Opacity
Standards (Effective 07/17/1984)
7 DE Admin. Code 1115: Air Pollution Alert
and Emergency Plan
Section 1.0: General Provisions (Effective 07/
17/1984)
Section 2.0: Stages and Criteria (Effective 03/
29/1988)
Section 3.0: Required Actions (Effective 02/
01/1981)
Section 4.0: Standby Plans (Effective 02/01/
1981)
7 DE Admin. Code 1116: Sources Having an
Interstate Air Pollution Potential
Section 1.0: General Provisions (Effective 02/
01/1981)
Section 2.0: Limitations (Effective 02/01/
1981)
Section 3.0: Requirements (Effective 02/01/
1981)
7 DE Admin. Code 1117: Source Monitoring,
Record Keeping and Reporting
Section 1.0: Definitions and Administrative
Principals (Effective 01/11/1993)
Section 2.0: Sampling and Monitoring
(Effective 07/17/1984)
Section 3.0: Minimum Emissions Monitoring
Requirements For Existing Sources
(Effective 07/17/1984)
Section 4.0: Performance Specifications
(Effective 07/17/1984)
Section 5.0: Minimum Data Requirements
(Effective 07/17/1984)
Section 6.0: Data Reduction (Effective 07/17/
1984)
Section 7.0: Emission Statement (Effective
01/11/1993)
7 DE Admin. Code 1120: New Source
Performance Standards
Section 1.0: General Provisions (Effective 12/
07/1988)
Section 2.0: Standards of Performance for
Fuel Burning Equipment (Effective 04/
18/1983)
Section 3.0: Standards of Performance for
Nitric Acid Plants (Effective 04/18/1983)
Section 5.0: Standards of Performance for
Asphalt Concrete Plants (Effective 04/18/
1983)
Section 6.0: Standards of Performance for
Incinerators (Effective 04/18/1983)
Section 7.0: Standards of Performance for
Sewage Treatment Plants (Effective 04/
18/1983)
Section 8.0: Standards of Performance for
Sulfuric Acid Plants (Effective 04/18/
1983)
Section 9.0: Standards of Performance for
Electric Utility Steam Generating Units
for Which Construction is Commenced
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After September 18, 1978 (Effective 04/
18/1983)
Section 10.0: Standards of Performance for
Stationary Gas Turbines (Effective 11/27/
1985)
Section 11.0: Standards of Performance for
Petroleum Refineries (Effective 11/27/
1985)
Section 12.0: Standards of Performance for
Steel Plants: Electric Arc Furnaces
(Effective 11/27/1985)
Section 20.0: Standards of Performance for
Bulk Gasoline Terminals (Effective 11/
27/1985)
Section 22.0: Standards of Performance for
Equipment Leaks at Petroleum Refineries
(Effective 11/27/1985)
Section 27.0: Standards of Performance for
Volatile Organic Liquid Storage Vessels
(Including Petroleum Liquid Storage
Vessels) for Which Construction,
Reconstruction, or Modification
Commenced after July 23, 1984 (Effective
12/07/1988)
Section 28.0: Standards of Performance for
Municipal Solid Waste Landfills
(Effective 04/11/1998)
Section 30.0: Standards of Performance for
Municipal Solid Waste Landfills after
July 11, 2017 (Effective 07/11/2017)
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7 DE Admin. Code 1122: Restriction on
Quality of Fuel in Fuel Burning Equipment
Section 1.0: Prohibition of Waste Oil
(Effective 11/27/1985)
7 DE Admin. Code 1124: Control of Volatile
Organic Compounds
Section 1.0: General Provisions (Effective 01/
11/2017)
Section 2.0: Definitions (Effective 04/11/
2010)
Section 3.0: Applicability (Effective 01/11/
1993)
Section 4.0: Compliance, Certification,
Recordkeeping, and Reporting
Requirements for Coating Sources
(Effective 11/29/1994)
Section 5.0: Compliance, Certification,
Recordkeeping, and Reporting
Requirements for non-Coating Sources
(Effective 01/11/1993)
Section 6.0: General Recordkeeping (Effective
01/11/1993)
Section 7.0: Circumvention (Effective 01/11/
1993)
Section 8.0: Handling, Storage, and Disposal
of Volatile Organic Compounds (VOCs)
(Effective 03/11/2011)
Section 9.0: Compliance, Permits,
Enforceability (Effective 01/11/1993)
Section 10.0: Aerospace Coatings (Effective
02/11/2003)
Section 11.0: Mobile Equipment Repair and
Refinishing (Effective 10/11/2010)
Section 12.0: Surface Coating of Plastic Parts
(Effective 10/11/2011)
Section 13.0: Automobile and Light-Duty
Truck Coating Operations (Effective 03/
11/2011)
Section 14.0: Can Coating (Effective 01/11/
1993)
Section 15.0: Coil Coating (Effective 01/11/
1993)
Section 16.0: Paper, Film, and Foil Coating
(Effective 03/11/2011)
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Section 17.0: Fabric Coating (Effective 01/11/
1993)
Section 18.0: Vinyl Coating (Effective 01/11/
1993)
Section 19.0: Coating of Metal Furniture
(Effective 10/11/2011)
Section 20.0: Coating of Large Appliances
(Effective 10/11/2011)
Section 21.0: Coating of Magnet Wire
(Effective 11/29/1994)
Section 22.0: Coating of Miscellaneous Metal
Parts (Effective 10/11/2011)
Section 23.0: Coating of Flat Wood Paneling
(Effective 03/11/2011)
Section 24.0: Bulk Gasoline Plants (Effective
01/11/1993)
Section 25.0: Bulk Gasoline Terminals
(Effective 11/29/1994)
Section 26.0: Gasoline Dispensing Facility
Stage I Vapor Recovery (Effective 01/11/
2002)
Section 27.0: Gasoline Tank Trucks (Effective
01/11/1993)
Section 28.0: Petroleum Refinery Sources
(Effective 01/11/1993)
Section 29.0: Leaks from Petroleum Refinery
Equipment (Effective 11/29/1994)
Section 30.0: Petroleum Liquid Storage in
External Floating Roof Tanks (Effective
11/29/1994)
Section 31.0: Petroleum Liquid Storage in
Fixed Roof Tanks (Effective 11/29/1994)
Section 32.0: Leaks from Natural Gas/
Gasoline Processing Equipment
(Effective 11/29/1994)
Section 33.0: Solvent Cleaning and Drying
(Effective 11/11/2001)
Section 34.0: Cutback and Emulsified
Asphalt (Effective 01/11/1993)
Section 35.0: Manufacture of Synthesized
Pharmaceutical Products (Effective 11/
29/1994)
Section 36.0: Vapor Emission Control at
Gasoline Dispensing Facilities (Effective
09/11/2015)
Section 37.0: Graphic Arts Systems (Effective
03/11/2011)
Section 38.0: Petroleum Solvent Dry Cleaners
(Effective 01/11/1993)
Section 40.0: Leaks from Synthetic Organic
Chemical, Polymer, and Resin
Manufacturing Equipment (Effective 01/
11/1993)
Section 41.0: Manufacture of High-Density
Polyethylene, Polypropylene, and
Polystyrene Resins (Effective 01/11/
1993)
Section 42.0: Air Oxidation Processes in the
Synthetic Organic Chemical
Manufacturing Industry (Effective 01/11/
1993)
Section 43.0: Bulk Gasoline Marine Tank
Vessel Loading Facilities (Effective 08/
08/1994)
Section 44.0: Batch Processing Operations
(Effective 11/29/1994)
Section 45.0: Industrial Cleaning Solvents
(Effective 03/11/2011)
Section 46.0: Crude Oil Lightering
Operations (Effective 05/11/2007)
Section 47.0: Offset Lithographic Printing
(Effective 04/11/2011)
Section 48.0: Reactor Processes and
Distillation Operations in the Synthetic
Organic Chemical Manufacturing
Industry (Effective 11/29/1994)
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Section 49.0: Control of Volatile Organic
Compound Emissions from Volatile
Organic Liquid Storage Vessels (Effective
11/29/1994)
Section 50.0: Other Facilities that Emit
Volatile Organic Compounds (VOCs)
(Effective 11/29/1994)
7 DE Admin. Code 1124: Control of Organic
Compound Emissions—Appendices
Appendix A General Provisions: Test
Methods and Compliance Procedures
(Effective 11/29/1994)
Appendix B: Determining the Volatile
Organic Compound (VOC) Content of
Coatings and Inks (Effective 11/29/1994)
Appendix C: Alternative Compliance
Methods for Surface Coating (Effective
11/29/1994)
Appendix D: Emission Capture and
Destruction or Removal Efficiency and
Monitoring Requirements (Effective 11/
29/1994)
Method 30: Criteria for and Verification of a
Permanent or Temporary Total Enclosure
(Effective 11/29/1994)
Method 30A: Volatile Organic Compounds
Content in Liquid Input Stream
(Effective 11/29/1994)
Method 30B: Volatile Organic Compounds
Emissions in Captured Stream (Effective
11/29/1994)
Method 30C: Volatile Organic Compounds
Emissions in Captured Stream (Dilution
Technique) (Effective 11/29/1994)
Method 30D: Volatile Organic Compounds
Emissions in Fugitive Stream from
Temporary Total Enclosure (Effective 11/
29/1994)
Method 30E: Volatile Organic Compounds
Emissions in Fugitive Stream from
Building Enclosure (Effective 11/29/
1994)
Appendix E: Determining the Destruction or
Removal Efficiency of a Control Device
(Effective 11/29/1994)
Appendix F: Leak Detection Methods for
Volatile Organic Compounds (VOCs)
(Effective 11/29/1994)
Appendix G: Performance Specifications for
Continuous Emissions Monitoring of
Total Hydrocarbons (Effective 11/29/
1994)
Appendix H: Quality Control Procedures for
Continuous Emission Monitoring
Systems (CEMS) (Effective 11/29/1994)
Appendix I: Method to Determine Length of
Rolling Period for Liquid/Liquid
Material Balance (Effective 11/29/1994)
Appendix K: Emissions Estimation
Methodologies (Effective 11/29/1994)
Appendix L: Method to Determine Total
Organic Carbon for Offset Lithographic
Solutions (Effective 11/29/1994)
Appendix M: Test Method for Determining
the Performance of Alternative Cleaning
Fluids (Effective 11/29/1994)
7 DE Admin. Code 1125: Requirements for
Preconstruction Review
Section 1.0: General Provisions (Effective 12/
11/2016)
Section 2.0: Emission Offset Provisions (EOP)
(Effective 02/11/2012) 1
1 On October 20, 2016, EPA disapproved
Delaware’s emissions offset provisions. EPA last
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Section 3.0: Prevention of Significant
Deterioration of Air Quality (Effective
12/11/2016)
Section 4.0: Minor New Source Review
(MNSR) (Effective 12/11/2016)
7 DE Admin. Code 1127: Stack Heights
Section 1.0: General Provisions (Effective 07/
06/1982)
Section 2.0: Definitions Specific to this
Regulation (Effective 12/07/1988)
Section 3.0: Requirements for Existing and
New Sources (Effective 02/18/1987)
Section 4.0: Public Notification (Effective 02/
18/1987)
7 DE Admin. Code 1129: Emissions From
Incineration of Infectious Waste
Section 1.0: General Provisions (Effective 10/
13/1989)
Section 2.0: Exemptions (Effective 10/13/
1989)
Section 3.0: Permit Requirements (Effective
10/13/1989)
Section 4.0: Methods of Treatment and
Disposal (Effective 10/13/1989)
Section 5.0: Recordkeeping and Reporting
Requirements (Effective 10/13/1989)
Section 6.0: Evidence of Effectiveness of
Treatment (Effective 10/13/1989)
Section 7.0: Incineration (Effective 10/13/
1989)
7 DE Admin. Code 1130: Title V Operating
Permit Program
Section 1.0: Program Overview (Effective 12/
11/2010)
Section 2.0: Definitions (Effective 11/15/
1993)
Section 3.0: Applicability (Effective 11/15/
1993)
Section 5.0: Permit Applications (Effective
11/15/1993)
Section 6.0: Permit Contents (Effective 12/11/
2000)
Section 7.0: Permit Issuance, Renewal,
Reopening, And Revisions (Effective 12/
11/2000)
Section 8.0: Permit Review by EPA and
Affected States (Effective 11/15/1993)
Section 9.0: Permit Fees (Effective 11/15/
1993)
Appendix A: Insignificant Activities
(Effective 11/15/1993)
7 DE Admin. Code 1132: Transportation
Conformity
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Section 1.0: Purpose (Effective 11/11/2007)
Section 2.0: Definitions (Effective 11/11/
2007)
Section 3.0: Consultation (Effective 11/11/
2007)
Section 4.0: Written Commitments for
Control and Mitigation Measures
(Effective 11/11/2007)
approved Regulation 1125, Section 2.0 for the
Delaware SIP on October 2, 2012, these emissions
offset provisions address requirements in CAA
173(c)(1), 40 CFR 51.165, and part 51, appendix S,
section IV.D. The State effective date of this version
of Regulation 1125, Section 2.0, Emission Offset
Provisions was February 11, 2012, and it is this
version of Regulation 1125, Section 2.0 that
Delaware is required to implement and EPA
incorporated by reference into 40 CFR part 55.
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7 DE Admin Code 1134: Emission Banking
and Trading Program
Section 1.0: Program Overview (Effective 10/
06/1997)
Section 2.0: Definitions (Effective 10/06/
1997)
Section 3.0: Applicability (Effective 10/06/
1997)
Section 4.0: Generating an Emission
Reduction (Effective 10/06/1997)
Section 5.0: Application for Certification of
an Emission Reduction as an ERC
(Effective 10/06/1997)
Section 6.0: Source Baseline (Effective 10/06/
1997)
Section 7.0: Post-Reduction Emission Rate
(Effective 10/06/1997)
Section 8.0: Certification of an Emission
Reduction (Effective 11/11/2018)
Section 9.0: Trading and Use of ERCs
(Effective 10/06/1997)
Section 10.0: Record Keeping Requirements
(Effective 10/06/1997)
Section 11.0: ERC Banking System (Effective
10/06/1997)
Section 12.0: Fees (Effective 10/06/1997)
Section 13.0: Enforcement (Effective 10/06/
1997)
Section 14.0: Program Evaluation and
Individual Audits (Effective 10/06/1997)
7 DE Admin. Code 1135: Conformity of
General Federal Actions to the State
Implementation Plans
Section 1.0: Purpose (Effective 08/14/1996)
Section 2.0: Definitions (Effective 08/14/
1996)
Section 3.0: Applicability (Effective 08/14/
1996)
Section 4.0: Conformity Analysis (Effective
08/14/1996)
Section 5.0: Reporting Requirements
(Effective 08/14/1996)
Section 6.0: Public Participation and
Consultation (Effective 08/14/1996)
Section 7.0: Frequency of Conformity
Determinations (Effective 08/14/1996)
Section 8.0: Criteria for Determining
Conformity of General Federal Actions
(Effective 08/14/1996)
Section 9.0: Procedures for Conformity
Determinations of General Federal
Actions (Effective 08/14/1996)
Section 10.0: Mitigation of Airy Quality
Impacts (Effective 08/14/1996)
Section 11.0: Savings Provision (Effective 08/
14/1996)
7 DE Admin. Code 1140: Delaware Low
Emission Vehicle Program
Section 1.0: Purpose (Effective 12/11/2013)
Section 2.0: Applicability (Effective 12/11/
2013)
Section 3.0: Definitions (Effective 03/11/
2018)
Section 4.0: Emission Certification Standards
(Effective 12/11/2013)
Section 5.0: New Vehicle Emission
Requirements (Effective 03/11/2018)
Section 6.0: Manufacturer Fleet
Requirements (Effective 12/11/2013)
Section 7.0: Warranty (Effective 03/11/2018)
Section 8.0: Reporting and Record-Keeping
Requirements (Effective 12/11/2013)
Section 9.0: Enforcement (Effective 12/11/
2013)
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13137
Section 10.0: Incorporation by Reference
(Effective 03/11/2018)
Section 11.0: Document Availability
(Effective 03/11/2018)
Section 12.0: Severability (Effective 12/11/
2013)
7 DE Admin. Code 1141: Limiting Emissions
of Volatile Organic Compounds From
Consumer and Commercial Products
Section 1.0: Architectural and Industrial
Maintenance Coatings (Effective 12/11/
2016)
Section 2.0: Consumer Products (Effective
02/11/2016)
Section 3.0: Portable Fuel Containers
(Effective 04/11/2010)
Section 4.0: Adhesives and Sealants
(Effective 04/11/2009)
7 DE Admin. Code 1142: Specific Emission
Control Requirements
Section 1.0: Control of NOX Emissions from
Industrial Boilers (Effective 12/12/2001)
7 DE Admin. Code 1144: Control of
Stationary Generator Emissions
Section 1.0: General (Effective 01/11/2006)
Section 2.0: Definitions (Effective 01/11/
2006)
Section 3.0: Emissions (Effective 01/11/2006)
Section 4.0: Operating Requirements
(Effective 01/11/2006)
Section 5.0: Fuel Requirements (Effective 01/
11/2006)
Section 6.0: Record Keeping and Reporting
(Effective 01/11/2006)
Section 7.0: Emissions Certification,
Compliance, and Enforcement (Effective
01/11/2006)
Section 8.0: Credit for Concurrent Emissions
Reductions (Effective 01/11/2006)
Section 9.0: DVFA Member Companies
(Effective 01/11/12006)
7 DE Admin. Code 1145: Excessive Idling of
Heavy Duty Vehicles
Section 1.0: Applicability (Effective 04/11/
2005)
Section 2.0: Definitions (Effective 04/11/
2005)
Section 3.0: Severability (Effective 04/11/
2005)
Section 4.0: Operational Requirements for
Heavy Duty Motor Vehicles (Effective
04/11/2005)
Section 5.0: Exemptions (Effective 04/11/
2005)
Section 6.0: Enforcement and Penalty
(Effective 04/11/2005)
7 DE Admin. Code 1146: Electric Generating
Unit (EGU) Milti-Pollutant Regulation
Section 1.0: Preamble (Effective 12/11/2006)
Section 2.0: Applicability (Effective 12/11/
2006)
Section 3.0: Definitions (Effective 12/11/
2006)
Section 4.0: NOX Emissions Limitations
(Effective 12/11/2006)
Section 5.0: SO2 Emissions Limitations
(Effective 12/11/2006)
Section 6.0: Mercury Emissions Limitations
(Effective 12/11/2006)
Section 7.0: Record Keeping and Reporting
(Effective 12/11/2006)
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Section 8.0: Compliance Plan (Effective 12/
11/2006)
Section 9.0: Penalties (Effective 12/11/2006)
7 DE Admin. Code 1147: CO2 Budget Trading
Program
Section 1.0: CO2 Budget Trading Program
General Provisions (Effective 12/11/
2013)
Section 2.0: CO2 Authorized Account
Representative for CO2 Budget Source
(Effective 11/11/2008)
Section 3.0: Permits (Effective 11/11/2018)
Section 4.0: Compliance Certification
(Effective 12/11/2013)
Section 5.0: CO2 Allowance Allocations
(Effective 12/11/2013)
Section 6.0: CO2 Allowance Tracking System
(Effective 12/11/2013)
Section 7.0: CO2 Allowance Transfers
(Effective 12/11/2013)
Section 8.0: Monitoring and Reporting
(Effective 12/11/2013)
Section 9.0: Auction of CO2 CCR allowances
(Effective 12/11/2013)
Section 10.0: CO2 Emissions Offset Projects
(Effective 12/11/2013)
Section 11.0: CO2 Emissions Auction
(Effective 12/11/2013)
7 DE Admin. Code 1148: Control of
Stationary Combustion Turbine Electric
Generating Unit Emissions
Section 1.0: Purpose (Effective 07/11/2007)
Section 2.0: Applicability (Effective 07/11/
2007)
Section 3.0: Definitions (Effective 07/11/
2007)
Section 4.0: NOX Emissions Limitations
(Effective 07/11/2007)
Section 5.0: Monitoring and Reporting
(Effective 07/11/2007)
Section 6.0: Recordkeeping (Effective 07/11/
2007)
Section 7.0: Penalties (Effective 07/11/2007)
(2) [Reserved]
(b) Local requirements.
*
*
*
*
*
[FR Doc. 2019–06488 Filed 4–3–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
[Docket ID FEMA–2019–0002]
Final Flood Elevation Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
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AGENCY:
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Base (1% annual-chance)
Flood Elevations (BFEs) and modified
BFEs are made final for the
communities listed below. The BFEs
and modified BFEs are the basis for the
floodplain management measures that
each community is required either to
adopt or to show evidence of being
already in effect in order to qualify or
remain qualified for participation in the
National Flood Insurance Program
(NFIP).
DATES: The date of issuance of the Flood
Insurance Rate Map (FIRM) showing
BFEs and modified BFEs for each
community. This date may be obtained
by contacting the office where the maps
are available for inspection as indicated
in the table below.
ADDRESSES: The final BFEs for each
community are available for inspection
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT: Rick
Sacbibit, Chief, Engineering Services
Branch, Federal Insurance and
Mitigation Administration, FEMA, 400
C Street SW, Washington, DC 20472,
(202) 646–7659, or (email)
patrick.sacbibit@fema.dhs.gov; or visit
the FEMA Map Information eXchange
(FMIX) online at
www.floodmaps.fema.gov/fhm/fmx_
main.html.
SUPPLEMENTARY INFORMATION: The
Federal Emergency Management Agency
(FEMA) makes the final determinations
listed below for the modified BFEs for
each community listed. These modified
elevations have been published in
newspapers of local circulation and
ninety (90) days have elapsed since that
publication. The Deputy Associate
Administrator for Insurance and
Mitigation has resolved any appeals
resulting from this notification.
This final rule is issued in accordance
with section 110 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4104,
and 44 CFR part 67. FEMA has
developed criteria for floodplain
management in floodprone areas in
accordance with 44 CFR part 60.
Interested lessees and owners of real
property are encouraged to review the
proof Flood Insurance Study and FIRM
available at the address cited below for
each community. The BFEs and
modified BFEs are made final in the
communities listed below. Elevations at
SUMMARY:
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Sfmt 4700
selected locations in each community
are shown.
National Environmental Policy Act.
FEMA included flood hazard mapping
data dissemination determinations as
part of the NFIP Nationwide
Programmatic Environmental Impact
Statement, published on November 3,
2017, and completed in accordance with
the Council on Environmental Quality’s
National Environmental Policy Act
implementing regulations in 40 CFR
1500–1508 and therefore has
determined that this action will not
have a significant effect on the human
environment.
Regulatory Flexibility Act. As flood
elevation determinations are not within
the scope of the Regulatory Flexibility
Act, 5 U.S.C. 601–612, a regulatory
flexibility analysis is not required.
Regulatory Classification. This final
rule is not a significant regulatory action
under the criteria of section 3(f) of
Executive Order 12866 of September 30,
1993, Regulatory Planning and Review,
58 FR 51735.
Executive Order 13132, Federalism.
This final rule involves no policies that
have federalism implications under
Executive Order 13132.
Executive Order 12988, Civil Justice
Reform. This final rule meets the
applicable standards of Executive Order
12988.
List of Subjects in 44 CFR Part 67
Administrative practice and
procedure, Flood insurance, Reporting
and recordkeeping requirements.
David I. Maurstad,
Deputy Associate Administrator for Insurance
and Mitigation, Department of Homeland
Security, Federal Emergency Management
Agency.
Accordingly, 44 CFR part 67 is
amended as follows:
PART 67—[AMENDED]
1. The authority citation for part 67
continues to read as follows:
■
Authority: 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1978, 3 CFR,
1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp., p. 376.
§ 67.11
[Amended]
2. The tables published under the
authority of § 67.11 are amended as
follows:
■
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]]>Agencies
[Federal Register Volume 84, Number 65 (Thursday, April 4, 2019)]
[Rules and Regulations]
[Pages 13132-13138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06488]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[EPA-R03-OAR-2009-0238; FRL-9990-18-Region 3]
Outer Continental Shelf Air Regulations; Consistency Update for
Delaware
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is updating a
portion of the Outer Continental Shelf (OCS) Air Regulations.
Requirements applying to OCS sources located within 25 miles of states'
seaward boundaries must be updated periodically to remain consistent
with the requirements of the corresponding onshore area (COA), as
mandated by section 328(a)(1) of the Clean Air Act (CAA). The portion
of the OCS air regulations that is being updated pertains to the
requirements for OCS sources for which Delaware is the designated COA.
The State of Delaware's requirements discussed in this document are
incorporated by reference into the Code of Federal Regulations and
listed in the appendix to the federal OCS air regulations.
[[Page 13133]]
DATES: This rule is effective on May 6, 2019. The incorporation by
reference of certain publications listed in this rule is approved by
the Director of the Federal Register as of May 6, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2009-0238. All documents in the docket are listed on
the https://www.regulations.gov website. 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: Mrs. Amy Johansen, Office of Permits
and State Programs (3AP10), Air Protection Division, U.S. Environmental
Protection Agency, Region 3, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. The telephone number is (215) 814-2156. Mrs.
Johansen can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On December 3, 2018 (83 FR 62283), EPA published a Notice of
Proposed Rulemaking (NPRM) proposing to incorporate various Delaware
air pollution control requirements into 40 CFR part 55. EPA received
two sets of comments in response to the December 3, 2018 NPRM. The
comments did not concern any of the specific issues raised in the NPRM,
nor did they address EPA's rationale for the proposed approval of this
Consistency Update for OCS requirements. Therefore, EPA is not
responding to those comments.
Pursuant to 40 CFR 55.12, consistency reviews will occur (1) at
least annually; (2) upon receipt of a Notice of Intent (NOI) under 40
CFR 55.4; or (3) when a state or local agency submits a rule to EPA to
be considered for incorporation by reference in 40 CFR part 55. This
action is being taken in response to the submittal of a NOI on August
8, 2018, by Deepwater Wind, LLC on behalf of Garden State Offshore
Energy, LLC for the proposed installation of a meteorological buoy for
the purposes of gathering meteorological data to support development of
offshore wind projects.
Section 328(a) of the CAA requires that EPA establish requirements
to control air pollution from OCS sources located within 25 miles of
States' seaward boundaries that are the same as onshore requirements.
To comply with this statutory mandate, EPA must incorporate applicable
onshore rules into 40 CFR part 55 as they exist onshore. This limits
EPA's flexibility in deciding which requirements will be incorporated
into 40 CFR part 55 and prevents EPA from making substantive changes to
the requirements it incorporates. As a result, EPA may be incorporating
rules into 40 CFR part 55 that do not conform to all of EPA's state
implementation plan (SIP) guidance or certain requirements of the CAA.
Consistency updates may result in the inclusion of state or local rules
or regulations into 40 CFR part 55, even though the same rules may
ultimately be disapproved for inclusion as part of the SIP. Inclusion
in the OCS rule does not imply that a rule meets the requirements of
the CAA for SIP approval, nor does it imply that the rule will be
approved by EPA for inclusion in the SIP.
EPA reviewed Delaware's rules for inclusion in 40 CFR part 55 to
ensure that they are rationally related to the attainment or
maintenance of Federal or state ambient air quality standards and
compliance with part C of title I of the CAA, that they are not
designed expressly to prevent exploration and development of the OCS,
and that they are potentially applicable to OCS sources. See 40 CFR
55.1. EPA has also evaluated the rules to ensure they are not arbitrary
or capricious. See 40 CFR 55.12(e). In addition, EPA has excluded
administrative or procedural rules,\1\ and requirements that regulate
toxics which are not related to the attainment and maintenance of
Federal and state ambient air quality standards. Other specific
requirements of the consistency update and the rationale for EPA's
proposed action are explained in the December 3, 2018 NPRM and will not
be restated here.
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\1\ Each COA which has been delegated the authority to implement
and enforce 40 CFR part 55 will use its administrative and
procedural rules as onshore. However, in those instances where EPA
has not delegated authority to implement and enforce 40 CFR part 55,
EPA will use its own administrative and procedural requirements to
implement the substantive requirements. See 40 CFR 55.14(c)(4).
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II. Final Action
EPA is taking final action to incorporate the rules potentially
applicable to OCS sources for which the State of Delaware will be the
COA. The rules that EPA is taking final action to incorporate are
applicable provisions of Title 7 of the Delaware Administrative Code,
as amended through November 11, 2018. The rules that EPA is taking
final action to incorporate will replace the rules previously
incorporated into 40 CFR part 55 for Delaware. See 74 FR 40498 (August
13, 2009).
III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, EPA is finalizing the incorporation by reference of Title 7
of the Delaware Administrative Code described in the amendments to 40
CFR part 55 set forth below. EPA has made, and will continue to make,
these materials available through www.regulations.gov and at the EPA
Region III Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to establish
requirements to control air pollution from OCS sources located within
25 miles of states' seaward boundaries that are the same as onshore air
pollution control requirements. To comply with this statutory mandate,
the EPA must incorporate applicable onshore rules into 40 CFR part 55
as they exist onshore. See 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in
promulgating OCS consistency updates, EPA's role is to maintain
consistency between OCS regulations and the regulations of onshore
areas, provided that they meet the criteria of the CAA. Accordingly,
this action simply updates the existing OCS requirements to make them
consistent with requirements onshore, without the exercise of any
policy direction by EPA. 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 regulatory action because
this action is not significant 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
[[Page 13134]]
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 incorporating by reference sections of Title
7 of the Delaware Administrative Code, does not have tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because this action is not approved to apply in
Indian country located in the state, and EPA notes that it does not
impose substantial direct costs on tribal governments or preemptive
tribal law.
Under the provisions of the Paperwork Reduction Act, 44 U.S.C 3501
et seq., an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. OMB has approved the information
collection requirements contained in 40 CFR part 55 and, by extension,
this update to the rules, and has assigned OMB control number 2060-
0249. OMB approved the EPA Information Collection Request (ICR) No.
1601.08 on September 18, 2017.\1\ The current approval expires
September 30, 2020. The annual public reporting and recordkeeping
burden for collection of information under 40 CFR part 55 is estimated
to average 643 hours per response, using the definition of burden
provided in 44 U.S.C. 3502(2).
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\1\ OMB's approval of the ICR can be viewed at www.reginfo.gov.
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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. The 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).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 3, 2019. 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 may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
EPA is incorporating the rules potentially applicable to sources
for which the State of Delaware is the COA. The rules that EPA is
incorporating are applicable provisions of Title 7 of the Delaware
Administrative Code, specifically, Air Quality Management Section 1100.
List of Subjects in 40 CFR Part 55
Environmental protection, Administrative practice and procedure,
Air pollution control, Carbon monoxide, Incorporation by reference,
Intergovernmental relations, Lead, Nitrogen dioxide, Outer continental
shelf, Ozone, Particulate matter, Permits, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: February 14, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
Part 55 of Chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 55--OUTER CONTINENTAL SHELF AIR REGULATIONS
0
1. The authority citation for part 55 continues to read as follows:
Authority: Section 328 of the Clean Air Act (42 U.S.C. 7401 et
seq.) as amended by Public Law 101-549.
0
2. Section 55.14 is amended by revising paragraph (e)(5)(i)(A) to read
as follows:
Sec. 55.14 Requirements that apply to OCS sources located within 25
miles of States' seaward boundaries, by State.
* * * * *
(e) * * *
(5) * * *
(i) * * *
(A) State of Delaware Requirements Applicable to OCS Sources,
November 11, 2018.
* * * * *
0
3. Appendix A to part 55 is amended under ``Delaware'' by revising
paragraph (a)(1) and adding paragraph (b) to read as follows:
Appendix A to Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, by State
* * * * *
Delaware
(a) * * *
(1) The following State of Delaware requirements are applicable
to OCS Sources, November 11, 2018, State of Delaware--Department of
Natural Resources and Environmental Control. The following sections
of Title 7 Delaware Administrative Code 1100--Air Quality Management
Section:
7 DE Admin. Code 1101: Definitions and Administrative Principals
Section 1.0: General Provisions (Effective 02/01/1981)
Section 2.0: Definitions (Effective 12/11/2016)
Section 3.0: Administrative Principals (Effective 11/11/2013)
Section 4.0: Abbreviations (Effective 02/01/1981)
7 DE Admin. Code 1102: Permits
Section 1.0: General Provisions (Effective 06/11/2006)
Section 2.0: Applicability (Effective 06/11/2006)
Section 3.0: Application/Registration Prepared by Interested Party
(Effective 06/01/1997)
Section 4.0: Cancellation of Construction Permits (Effective 06/01/
1997)
Section 5.0: Action on Applications (Effective 06/01/1997)
Section 6.0: Denial, Suspension or Revocation of Operating Permits
(Effective 06/11/2006)
Section 7.0: Transfer of Permit/Registration Prohibited (Effective
06/01/1997)
Section 8.0: Availability of Permit/Registration (Effective 06/01/
1997)
Section 9.0: Registration Submittal (Effective 06/01/1997)
Section 10.0: Source Category Permit Application (Effective 06/01/
1997)
[[Page 13135]]
Section 11.0: Permit Application (Effective 06/11/2006)
Section 12.0: Public Participation (Effective 06/11/2006)
Section 13.0: Department Records (Effective 06/01/1997)
Appendix A (Effective 06/11/2006)
7 DE Admin. Code 1103: Ambient Air Quality Standards
Section 1.0: General Provisions (Effective 01/11/2014)
Section 2.0: General Restrictions (Effective 02/01/1981)
Section 3.0: Suspended Particulates (Effective 02/01/1981)
Section 4.0: Sulfur Dioxide (Effective 01/11/2014)
Section 5.0: Carbon Monoxide (Effective 02/01/1981)
Section 6.0: Ozone (Effective 01/11/2014)
Section 7.0: Hydrocarbons (Effective 02/01/1981)
Section 8.0: Nitrogen Dioxide (Effective 01/11/2014)
Section 9.0: Hydrogen Sulfide (Effective 02/01/1981)
Section 10.0: Lead (Effective 01/11/2014)
Section 11.0: PM10 and PM2.5 Particulates
(Effective 01/11/2014)
7 DE Admin. Code 1104: Particulate Emissions From Fuel Burning
Equipment
Section 1.0: General Provisions (Effective 01/11/2017)
Section 2.0: Emission Limits (Effective 01/11/2017)
7 DE Admin. Code 1105: Particulate Emissions From Industrial Process
Operations
Section 1.0: General Provisions (Effective 01/11/2017)
Section 2.0: General Restrictions (Effective 01/11/2017)
Section 3.0: Restrictions on Hot Mix Asphalt Batching Operations
(Effective 02/01/1981)
Section 4.0: Restrictions on Secondary Metal Operations (Effective
01/11/2017)
Section 5.0: Restrictions on Petroleum Refining Operations
(Effective 01/11/2017)
Section 6.0: Restrictions on Prill Tower Operations (Effective 02/
01/1981)
Section 7.0: Control of Potentially Hazardous Particulate Matter
(Effective 02/01/1981)
7 DE Admin. Code 1106: Particulate Emissions From Construction and
Materials Handling
Section 1.0: General Provisions (Effective 02/01/1981)
Section 2.0: Demolition (Effective 02/01/1981)
Section 3.0: Grading, Land Clearing, Excavation and Use of Non-Paved
Roads (Effective 02/01/1981)
Section 4.0: Material Movement (Effective 02/01/1981)
Section 5.0: Sandblasting (Effective 02/01/1981)
Section 6.0: Material Storage (Effective 02/01/1981)
7 DE Admin. Code 1107: Emissions From Incineration of Noninfectious
Waster
Section 1.0: General Provisions (Effective 10/13/1989)
Section 2.0: Restrictions (Effective 10/13/1989)
7 DE Admin. Code 1108: Sulfur Dioxide Emissions From Fuel Burning
Equipment
Section 1.0: General Provisions (Effective 07/11/2013)
Section 2.0: Limit on Sulfur Content of Fuel (Effective 07/11/2013)
Section 3.0: Emission Control in Lieu of Sulfur Content Limits of
2.0 of This Regulation (Effective 07/11/2013)
Section 4.0: Sampling and Testing Methods and Requirements
(Effective 07/11/2013)
Section 5.0: Recordkeeping and Reporting (Effective 07/11/2013)
7 DE Admin. Code 1109: Emissions of Sulfur Compounds From Industrial
Operations
Section 1.0: General Provisions (Effective 05/09/1985)
Section 2.0: Restrictions on Sulfuric Acid Manufacturing Operations
(Effective 02/01/1981)
Section 3.0: Restriction on Sulfuric Recovery Operations (Effective
02/01/1981)
Section 4.0: Stack Height Requirements (Effective 02/01/1981)
7 DE Admin. Code 1110: Control of Sulfur Dioxide Emissions--Kent and
Sussex Counties
Section 1.0: Requirements for Existing Sources of Sulfur Dioxide
(Effective 01/18/1982)
Section 2.0: Requirements for New Sources of Sulfur Dioxide
(Effective 02/01/1981)
7 DE Admin. Code 1111: Carbon Monoxide Emissions From Industrial
Process Operations New Castle County
Section 1.0: General Provisions (Effective 02/01/1981)
Section 2.0: Restrictions on Petroleum Refining Operations
(Effective 02/01/1981)
7 DE Admin. Code 1112: Control of Nitrogen Oxide Emissions
Section 1.0: Applicability (Effective 11/24/1993)
Section 2.0: Definitions (Effective 11/24/1993)
Section 3.0: Standards (Effective 11/24/1993)
Section 4.0: Exemptions (Effective 11/24/1993)
Section 5.0: Alternative and Equivalent RACT Determinations (11/24/
1993)
Section 6.0: RACT Proposals (11/24/1993)
Section 7.0: Compliance Certification, Recordkeeping, and Reporting
Requirements (Effective 11/24/1993)
7 DE Admin. Code 1113: Open Burning
Section 1.0: Purpose (Effective 04/11/2007)
Section 2.0: Applicability (Effective 04/11/2007)
Section 3.0: Definitions (Effective 04/11/2007)
Section 4.0: Prohibitions and Related Provisions (Effective 04/11/
2007)
Section 5.0: Season and Time Restrictions (Effective 04/11/2007)
Section 6.0: Allowable Open Burning (Effective 04/11/2007)
Section 7.0: Exemptions (Effective 04/11/2007)
7 DE Admin. Code 1114: Visible Emissions
Section 1.0: General Provisions (Effective 11/11/2013)
Section 2.0: Requirements (Effective 05/11/2018)
Section 3.0: Alternate Opacity Requirements (Effective 07/17/1984)
Section 4.0: Compliance With Opacity Standards (Effective 07/17/
1984)
7 DE Admin. Code 1115: Air Pollution Alert and Emergency Plan
Section 1.0: General Provisions (Effective 07/17/1984)
Section 2.0: Stages and Criteria (Effective 03/29/1988)
Section 3.0: Required Actions (Effective 02/01/1981)
Section 4.0: Standby Plans (Effective 02/01/1981)
7 DE Admin. Code 1116: Sources Having an Interstate Air Pollution
Potential
Section 1.0: General Provisions (Effective 02/01/1981)
Section 2.0: Limitations (Effective 02/01/1981)
Section 3.0: Requirements (Effective 02/01/1981)
7 DE Admin. Code 1117: Source Monitoring, Record Keeping and Reporting
Section 1.0: Definitions and Administrative Principals (Effective
01/11/1993)
Section 2.0: Sampling and Monitoring (Effective 07/17/1984)
Section 3.0: Minimum Emissions Monitoring Requirements For Existing
Sources (Effective 07/17/1984)
Section 4.0: Performance Specifications (Effective 07/17/1984)
Section 5.0: Minimum Data Requirements (Effective 07/17/1984)
Section 6.0: Data Reduction (Effective 07/17/1984)
Section 7.0: Emission Statement (Effective 01/11/1993)
7 DE Admin. Code 1120: New Source Performance Standards
Section 1.0: General Provisions (Effective 12/07/1988)
Section 2.0: Standards of Performance for Fuel Burning Equipment
(Effective 04/18/1983)
Section 3.0: Standards of Performance for Nitric Acid Plants
(Effective 04/18/1983)
Section 5.0: Standards of Performance for Asphalt Concrete Plants
(Effective 04/18/1983)
Section 6.0: Standards of Performance for Incinerators (Effective
04/18/1983)
Section 7.0: Standards of Performance for Sewage Treatment Plants
(Effective 04/18/1983)
Section 8.0: Standards of Performance for Sulfuric Acid Plants
(Effective 04/18/1983)
Section 9.0: Standards of Performance for Electric Utility Steam
Generating Units for Which Construction is Commenced
[[Page 13136]]
After September 18, 1978 (Effective 04/18/1983)
Section 10.0: Standards of Performance for Stationary Gas Turbines
(Effective 11/27/1985)
Section 11.0: Standards of Performance for Petroleum Refineries
(Effective 11/27/1985)
Section 12.0: Standards of Performance for Steel Plants: Electric
Arc Furnaces (Effective 11/27/1985)
Section 20.0: Standards of Performance for Bulk Gasoline Terminals
(Effective 11/27/1985)
Section 22.0: Standards of Performance for Equipment Leaks at
Petroleum Refineries (Effective 11/27/1985)
Section 27.0: Standards of Performance for Volatile Organic Liquid
Storage Vessels (Including Petroleum Liquid Storage Vessels) for
Which Construction, Reconstruction, or Modification Commenced after
July 23, 1984 (Effective 12/07/1988)
Section 28.0: Standards of Performance for Municipal Solid Waste
Landfills (Effective 04/11/1998)
Section 30.0: Standards of Performance for Municipal Solid Waste
Landfills after July 11, 2017 (Effective 07/11/2017)
7 DE Admin. Code 1122: Restriction on Quality of Fuel in Fuel Burning
Equipment
Section 1.0: Prohibition of Waste Oil (Effective 11/27/1985)
7 DE Admin. Code 1124: Control of Volatile Organic Compounds
Section 1.0: General Provisions (Effective 01/11/2017)
Section 2.0: Definitions (Effective 04/11/2010)
Section 3.0: Applicability (Effective 01/11/1993)
Section 4.0: Compliance, Certification, Recordkeeping, and Reporting
Requirements for Coating Sources (Effective 11/29/1994)
Section 5.0: Compliance, Certification, Recordkeeping, and Reporting
Requirements for non-Coating Sources (Effective 01/11/1993)
Section 6.0: General Recordkeeping (Effective 01/11/1993)
Section 7.0: Circumvention (Effective 01/11/1993)
Section 8.0: Handling, Storage, and Disposal of Volatile Organic
Compounds (VOCs) (Effective 03/11/2011)
Section 9.0: Compliance, Permits, Enforceability (Effective 01/11/
1993)
Section 10.0: Aerospace Coatings (Effective 02/11/2003)
Section 11.0: Mobile Equipment Repair and Refinishing (Effective 10/
11/2010)
Section 12.0: Surface Coating of Plastic Parts (Effective 10/11/
2011)
Section 13.0: Automobile and Light-Duty Truck Coating Operations
(Effective 03/11/2011)
Section 14.0: Can Coating (Effective 01/11/1993)
Section 15.0: Coil Coating (Effective 01/11/1993)
Section 16.0: Paper, Film, and Foil Coating (Effective 03/11/2011)
Section 17.0: Fabric Coating (Effective 01/11/1993)
Section 18.0: Vinyl Coating (Effective 01/11/1993)
Section 19.0: Coating of Metal Furniture (Effective 10/11/2011)
Section 20.0: Coating of Large Appliances (Effective 10/11/2011)
Section 21.0: Coating of Magnet Wire (Effective 11/29/1994)
Section 22.0: Coating of Miscellaneous Metal Parts (Effective 10/11/
2011)
Section 23.0: Coating of Flat Wood Paneling (Effective 03/11/2011)
Section 24.0: Bulk Gasoline Plants (Effective 01/11/1993)
Section 25.0: Bulk Gasoline Terminals (Effective 11/29/1994)
Section 26.0: Gasoline Dispensing Facility Stage I Vapor Recovery
(Effective 01/11/2002)
Section 27.0: Gasoline Tank Trucks (Effective 01/11/1993)
Section 28.0: Petroleum Refinery Sources (Effective 01/11/1993)
Section 29.0: Leaks from Petroleum Refinery Equipment (Effective 11/
29/1994)
Section 30.0: Petroleum Liquid Storage in External Floating Roof
Tanks (Effective 11/29/1994)
Section 31.0: Petroleum Liquid Storage in Fixed Roof Tanks
(Effective 11/29/1994)
Section 32.0: Leaks from Natural Gas/Gasoline Processing Equipment
(Effective 11/29/1994)
Section 33.0: Solvent Cleaning and Drying (Effective 11/11/2001)
Section 34.0: Cutback and Emulsified Asphalt (Effective 01/11/1993)
Section 35.0: Manufacture of Synthesized Pharmaceutical Products
(Effective 11/29/1994)
Section 36.0: Vapor Emission Control at Gasoline Dispensing
Facilities (Effective 09/11/2015)
Section 37.0: Graphic Arts Systems (Effective 03/11/2011)
Section 38.0: Petroleum Solvent Dry Cleaners (Effective 01/11/1993)
Section 40.0: Leaks from Synthetic Organic Chemical, Polymer, and
Resin Manufacturing Equipment (Effective 01/11/1993)
Section 41.0: Manufacture of High-Density Polyethylene,
Polypropylene, and Polystyrene Resins (Effective 01/11/1993)
Section 42.0: Air Oxidation Processes in the Synthetic Organic
Chemical Manufacturing Industry (Effective 01/11/1993)
Section 43.0: Bulk Gasoline Marine Tank Vessel Loading Facilities
(Effective 08/08/1994)
Section 44.0: Batch Processing Operations (Effective 11/29/1994)
Section 45.0: Industrial Cleaning Solvents (Effective 03/11/2011)
Section 46.0: Crude Oil Lightering Operations (Effective 05/11/2007)
Section 47.0: Offset Lithographic Printing (Effective 04/11/2011)
Section 48.0: Reactor Processes and Distillation Operations in the
Synthetic Organic Chemical Manufacturing Industry (Effective 11/29/
1994)
Section 49.0: Control of Volatile Organic Compound Emissions from
Volatile Organic Liquid Storage Vessels (Effective 11/29/1994)
Section 50.0: Other Facilities that Emit Volatile Organic Compounds
(VOCs) (Effective 11/29/1994)
7 DE Admin. Code 1124: Control of Organic Compound Emissions--
Appendices
Appendix A General Provisions: Test Methods and Compliance
Procedures (Effective 11/29/1994)
Appendix B: Determining the Volatile Organic Compound (VOC) Content
of Coatings and Inks (Effective 11/29/1994)
Appendix C: Alternative Compliance Methods for Surface Coating
(Effective 11/29/1994)
Appendix D: Emission Capture and Destruction or Removal Efficiency
and Monitoring Requirements (Effective 11/29/1994)
Method 30: Criteria for and Verification of a Permanent or Temporary
Total Enclosure (Effective 11/29/1994)
Method 30A: Volatile Organic Compounds Content in Liquid Input
Stream (Effective 11/29/1994)
Method 30B: Volatile Organic Compounds Emissions in Captured Stream
(Effective 11/29/1994)
Method 30C: Volatile Organic Compounds Emissions in Captured Stream
(Dilution Technique) (Effective 11/29/1994)
Method 30D: Volatile Organic Compounds Emissions in Fugitive Stream
from Temporary Total Enclosure (Effective 11/29/1994)
Method 30E: Volatile Organic Compounds Emissions in Fugitive Stream
from Building Enclosure (Effective 11/29/1994)
Appendix E: Determining the Destruction or Removal Efficiency of a
Control Device (Effective 11/29/1994)
Appendix F: Leak Detection Methods for Volatile Organic Compounds
(VOCs) (Effective 11/29/1994)
Appendix G: Performance Specifications for Continuous Emissions
Monitoring of Total Hydrocarbons (Effective 11/29/1994)
Appendix H: Quality Control Procedures for Continuous Emission
Monitoring Systems (CEMS) (Effective 11/29/1994)
Appendix I: Method to Determine Length of Rolling Period for Liquid/
Liquid Material Balance (Effective 11/29/1994)
Appendix K: Emissions Estimation Methodologies (Effective 11/29/
1994)
Appendix L: Method to Determine Total Organic Carbon for Offset
Lithographic Solutions (Effective 11/29/1994)
Appendix M: Test Method for Determining the Performance of
Alternative Cleaning Fluids (Effective 11/29/1994)
7 DE Admin. Code 1125: Requirements for Preconstruction Review
Section 1.0: General Provisions (Effective 12/11/2016)
Section 2.0: Emission Offset Provisions (EOP) (Effective 02/11/2012)
\1\
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\1\ On October 20, 2016, EPA disapproved Delaware's emissions
offset provisions. EPA last approved Regulation 1125, Section 2.0
for the Delaware SIP on October 2, 2012, these emissions offset
provisions address requirements in CAA 173(c)(1), 40 CFR 51.165, and
part 51, appendix S, section IV.D. The State effective date of this
version of Regulation 1125, Section 2.0, Emission Offset Provisions
was February 11, 2012, and it is this version of Regulation 1125,
Section 2.0 that Delaware is required to implement and EPA
incorporated by reference into 40 CFR part 55.
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[[Page 13137]]
Section 3.0: Prevention of Significant Deterioration of Air Quality
(Effective 12/11/2016)
Section 4.0: Minor New Source Review (MNSR) (Effective 12/11/2016)
7 DE Admin. Code 1127: Stack Heights
Section 1.0: General Provisions (Effective 07/06/1982)
Section 2.0: Definitions Specific to this Regulation (Effective 12/
07/1988)
Section 3.0: Requirements for Existing and New Sources (Effective
02/18/1987)
Section 4.0: Public Notification (Effective 02/18/1987)
7 DE Admin. Code 1129: Emissions From Incineration of Infectious Waste
Section 1.0: General Provisions (Effective 10/13/1989)
Section 2.0: Exemptions (Effective 10/13/1989)
Section 3.0: Permit Requirements (Effective 10/13/1989)
Section 4.0: Methods of Treatment and Disposal (Effective 10/13/
1989)
Section 5.0: Recordkeeping and Reporting Requirements (Effective 10/
13/1989)
Section 6.0: Evidence of Effectiveness of Treatment (Effective 10/
13/1989)
Section 7.0: Incineration (Effective 10/13/1989)
7 DE Admin. Code 1130: Title V Operating Permit Program
Section 1.0: Program Overview (Effective 12/11/2010)
Section 2.0: Definitions (Effective 11/15/1993)
Section 3.0: Applicability (Effective 11/15/1993)
Section 5.0: Permit Applications (Effective 11/15/1993)
Section 6.0: Permit Contents (Effective 12/11/2000)
Section 7.0: Permit Issuance, Renewal, Reopening, And Revisions
(Effective 12/11/2000)
Section 8.0: Permit Review by EPA and Affected States (Effective 11/
15/1993)
Section 9.0: Permit Fees (Effective 11/15/1993)
Appendix A: Insignificant Activities (Effective 11/15/1993)
7 DE Admin. Code 1132: Transportation Conformity
Section 1.0: Purpose (Effective 11/11/2007)
Section 2.0: Definitions (Effective 11/11/2007)
Section 3.0: Consultation (Effective 11/11/2007)
Section 4.0: Written Commitments for Control and Mitigation Measures
(Effective 11/11/2007)
7 DE Admin Code 1134: Emission Banking and Trading Program
Section 1.0: Program Overview (Effective 10/06/1997)
Section 2.0: Definitions (Effective 10/06/1997)
Section 3.0: Applicability (Effective 10/06/1997)
Section 4.0: Generating an Emission Reduction (Effective 10/06/1997)
Section 5.0: Application for Certification of an Emission Reduction
as an ERC (Effective 10/06/1997)
Section 6.0: Source Baseline (Effective 10/06/1997)
Section 7.0: Post-Reduction Emission Rate (Effective 10/06/1997)
Section 8.0: Certification of an Emission Reduction (Effective 11/
11/2018)
Section 9.0: Trading and Use of ERCs (Effective 10/06/1997)
Section 10.0: Record Keeping Requirements (Effective 10/06/1997)
Section 11.0: ERC Banking System (Effective 10/06/1997)
Section 12.0: Fees (Effective 10/06/1997)
Section 13.0: Enforcement (Effective 10/06/1997)
Section 14.0: Program Evaluation and Individual Audits (Effective
10/06/1997)
7 DE Admin. Code 1135: Conformity of General Federal Actions to the
State Implementation Plans
Section 1.0: Purpose (Effective 08/14/1996)
Section 2.0: Definitions (Effective 08/14/1996)
Section 3.0: Applicability (Effective 08/14/1996)
Section 4.0: Conformity Analysis (Effective 08/14/1996)
Section 5.0: Reporting Requirements (Effective 08/14/1996)
Section 6.0: Public Participation and Consultation (Effective 08/14/
1996)
Section 7.0: Frequency of Conformity Determinations (Effective 08/
14/1996)
Section 8.0: Criteria for Determining Conformity of General Federal
Actions (Effective 08/14/1996)
Section 9.0: Procedures for Conformity Determinations of General
Federal Actions (Effective 08/14/1996)
Section 10.0: Mitigation of Airy Quality Impacts (Effective 08/14/
1996)
Section 11.0: Savings Provision (Effective 08/14/1996)
7 DE Admin. Code 1140: Delaware Low Emission Vehicle Program
Section 1.0: Purpose (Effective 12/11/2013)
Section 2.0: Applicability (Effective 12/11/2013)
Section 3.0: Definitions (Effective 03/11/2018)
Section 4.0: Emission Certification Standards (Effective 12/11/2013)
Section 5.0: New Vehicle Emission Requirements (Effective 03/11/
2018)
Section 6.0: Manufacturer Fleet Requirements (Effective 12/11/2013)
Section 7.0: Warranty (Effective 03/11/2018)
Section 8.0: Reporting and Record-Keeping Requirements (Effective
12/11/2013)
Section 9.0: Enforcement (Effective 12/11/2013)
Section 10.0: Incorporation by Reference (Effective 03/11/2018)
Section 11.0: Document Availability (Effective 03/11/2018)
Section 12.0: Severability (Effective 12/11/2013)
7 DE Admin. Code 1141: Limiting Emissions of Volatile Organic Compounds
From Consumer and Commercial Products
Section 1.0: Architectural and Industrial Maintenance Coatings
(Effective 12/11/2016)
Section 2.0: Consumer Products (Effective 02/11/2016)
Section 3.0: Portable Fuel Containers (Effective 04/11/2010)
Section 4.0: Adhesives and Sealants (Effective 04/11/2009)
7 DE Admin. Code 1142: Specific Emission Control Requirements
Section 1.0: Control of NOX Emissions from Industrial
Boilers (Effective 12/12/2001)
7 DE Admin. Code 1144: Control of Stationary Generator Emissions
Section 1.0: General (Effective 01/11/2006)
Section 2.0: Definitions (Effective 01/11/2006)
Section 3.0: Emissions (Effective 01/11/2006)
Section 4.0: Operating Requirements (Effective 01/11/2006)
Section 5.0: Fuel Requirements (Effective 01/11/2006)
Section 6.0: Record Keeping and Reporting (Effective 01/11/2006)
Section 7.0: Emissions Certification, Compliance, and Enforcement
(Effective 01/11/2006)
Section 8.0: Credit for Concurrent Emissions Reductions (Effective
01/11/2006)
Section 9.0: DVFA Member Companies (Effective 01/11/12006)
7 DE Admin. Code 1145: Excessive Idling of Heavy Duty Vehicles
Section 1.0: Applicability (Effective 04/11/2005)
Section 2.0: Definitions (Effective 04/11/2005)
Section 3.0: Severability (Effective 04/11/2005)
Section 4.0: Operational Requirements for Heavy Duty Motor Vehicles
(Effective 04/11/2005)
Section 5.0: Exemptions (Effective 04/11/2005)
Section 6.0: Enforcement and Penalty (Effective 04/11/2005)
7 DE Admin. Code 1146: Electric Generating Unit (EGU) Milti-Pollutant
Regulation
Section 1.0: Preamble (Effective 12/11/2006)
Section 2.0: Applicability (Effective 12/11/2006)
Section 3.0: Definitions (Effective 12/11/2006)
Section 4.0: NOX Emissions Limitations (Effective 12/11/
2006)
Section 5.0: SO2 Emissions Limitations (Effective 12/11/
2006)
Section 6.0: Mercury Emissions Limitations (Effective 12/11/2006)
Section 7.0: Record Keeping and Reporting (Effective 12/11/2006)
[[Page 13138]]
Section 8.0: Compliance Plan (Effective 12/11/2006)
Section 9.0: Penalties (Effective 12/11/2006)
7 DE Admin. Code 1147: CO2 Budget Trading Program
Section 1.0: CO2 Budget Trading Program General
Provisions (Effective 12/11/2013)
Section 2.0: CO2 Authorized Account Representative for
CO2 Budget Source (Effective 11/11/2008)
Section 3.0: Permits (Effective 11/11/2018)
Section 4.0: Compliance Certification (Effective 12/11/2013)
Section 5.0: CO2 Allowance Allocations (Effective 12/11/
2013)
Section 6.0: CO2 Allowance Tracking System (Effective 12/
11/2013)
Section 7.0: CO2 Allowance Transfers (Effective 12/11/
2013)
Section 8.0: Monitoring and Reporting (Effective 12/11/2013)
Section 9.0: Auction of CO2 CCR allowances (Effective 12/
11/2013)
Section 10.0: CO2 Emissions Offset Projects (Effective
12/11/2013)
Section 11.0: CO2 Emissions Auction (Effective 12/11/
2013)
7 DE Admin. Code 1148: Control of Stationary Combustion Turbine
Electric Generating Unit Emissions
Section 1.0: Purpose (Effective 07/11/2007)
Section 2.0: Applicability (Effective 07/11/2007)
Section 3.0: Definitions (Effective 07/11/2007)
Section 4.0: NOX Emissions Limitations (Effective 07/11/
2007)
Section 5.0: Monitoring and Reporting (Effective 07/11/2007)
Section 6.0: Recordkeeping (Effective 07/11/2007)
Section 7.0: Penalties (Effective 07/11/2007)
(2) [Reserved]
(b) Local requirements.
* * * * *
[FR Doc. 2019-06488 Filed 4-3-19; 8:45 am]
BILLING CODE 6560-50-P
