Approval and Promulgation of Air Quality Implementation Plans; Delaware; Emissions Statements Rule Certification for the 2008 Ozone National Ambient Air Quality Standard, 32068-32072 [2019-14360]
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Federal Register / Vol. 84, No. 129 / Friday, July 5, 2019 / Rules and Regulations
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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).
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 September 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)).
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: June 28, 2019.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as set forth below:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart AA—Missouri
2. In § 52.1320, the table in paragraph
(c) amended by revising the entry ‘‘10–
6.180’’ to read as follows:
List of Subjects in 40 CFR Part 52
■
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
§ 52.1320
*
Identification of plan.
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(c) * * *
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EPA-APPROVED MISSOURI REGULATIONS
Missouri citation
State
effective
date
Title
EPA approval date
Explanation
Missouri Department of Natural Resources
*
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*
Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of
Missouri
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10–6.180 ..........
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Measurement of Emissions of Air Contaminants
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11/30/2018
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ACTION:
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7/5/2019, [insert Federal
Register citation].
*
Final rule.
[FR Doc. 2019–14327 Filed 7–3–19; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R03–OAR–2018–0825; FRL–9996–07–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Emissions Statements Rule
Certification for the 2008 Ozone
National Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
AGENCY:
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The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
formally submitted by the State of
Delaware. Under section 182 of the
Clean Air Act (CAA), states’ SIPs must
require stationary sources in ozone
nonattainment areas to report annual
emissions of nitrogen oxides (NOX) and
volatile organic compounds (VOC). This
SIP revision provides Delaware’s
certification that its existing emissions
statements program satisfies the
emissions statements requirements of
the CAA for the 2008 ozone National
Ambient Air Quality Standards
(NAAQS). EPA is approving Delaware’s
emissions statements program
SUMMARY:
BILLING CODE 6560–50–P
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certification for the 2008 ozone NAAQS
as a SIP revision in accordance with the
requirements of the CAA.
DATES: This final rule is effective on
August 5, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2018–0825. 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
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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: Sara
Calcinore, Planning & Implementation
Branch (3AD30), Air & Radiation
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2043.
Ms. Calcinore can also be reached via
electronic mail at calcinore.sara@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Under the CAA, EPA establishes
NAAQS for criteria pollutants in order
to protect human health and the
environment. In response to scientific
evidence linking ozone exposure to
adverse health effects, EPA promulgated
the first ozone NAAQS, the 0.12 part per
million (ppm) 1-hour ozone NAAQS, in
1979. See 44 FR 8202 (February 8,
1979). The CAA requires EPA to review
and reevaluate the NAAQS every five
years in order to consider updated
information regarding the effects of the
criteria pollutants on human health and
the environment. On July 18, 1997, EPA
promulgated a revised ozone NAAQS,
referred to as the 1997 ozone NAAQS,
of 0.08 ppm averaged over eight hours.
See 62 FR 38855. This 8-hour ozone
NAAQS was determined to be more
protective of public health than the
previous 1979 1-hour ozone NAAQS. In
2008, EPA strengthened the 8-hour
ozone NAAQS from 0.08 to 0.075 ppm.
The 0.075 ppm standard is referred to as
the 2008 ozone NAAQS. See 73 FR
16436 (March 27, 2008).
On May 21, 2012 and June 11, 2012,
EPA designated nonattainment areas for
the 2008 ozone NAAQS. 77 FR 30088
and 77 FR 34221. Effective July 20,
2012, New Castle County and Sussex
County in Delaware were designated as
marginal nonattainment for the 2008
ozone NAAQS. New Castle County was
designated as part of the PhiladelphiaWilmington-Atlantic City, PA-NJ-MDDE 2008 ozone NAAQS nonattainment
area, which includes the following
counties: New Castle in Delaware; Cecil
in Maryland; Atlantic, Burlington,
Camden, Cape May, Cumberland,
Gloucester, Mercer, Ocean, and Salem
in New Jersey; and Bucks, Chester,
Delaware, Montgomery, and
Philadelphia in Pennsylvania. 40 CFR
81.308, 81.321, 81.331, and 81.339.
Sussex County was designated marginal
nonattainment as the Seaford 2008
ozone NAAQS nonattainment area,
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which includes only Sussex County. 40
CFR 81.308.
Section 182 of the CAA identifies
plan submission requirements for ozone
nonattainment areas. Specifically,
section 182(a)(3)(B) requires that states
develop and submit, as a revision to
their SIP, rules which establish annual
reporting requirements for certain
stationary sources. Sources that are
within ozone nonattainment areas must
annually report the actual emissions of
NOX and VOC to the state. However,
states may waive this reporting
requirement for classes or categories of
stationary sources that emit under 25
tons per year (tpy) of NOX or VOC if the
state provides an inventory of emissions
from these classes or categories of
sources as required by CAA sections 172
and 182. See CAA section
182(a)(3)(B)(ii).
On March 6, 2015, EPA issued a final
rule addressing a range of
nonattainment area SIP requirements for
the 2008 ozone NAAQS, including the
emissions statements requirement of
CAA section 182(a)(3)(B) (2015 final
rule). 80 FR 12264. Per the preamble to
EPA’s 2015 final rule, the source
emissions statements requirement
applies to all areas designated
nonattainment for the 2008 ozone
NAAQS. See 80 FR 12264, 12291. The
preamble to EPA’s 2015 final rule also
states that most areas that are required
to have an emissions statements
program for the 2008 ozone NAAQS
already have a program in place due to
a nonattainment designation for an
earlier ozone NAAQS. Id. The preamble
to EPA’s 2015 final rule states that, ‘‘If
an area has a previously approved
emissions statement rule in force for the
1997 ozone NAAQS or the 1-hour ozone
NAAQS that covers all portions of the
nonattainment area for the 2008 ozone
NAAQS, such rule should be sufficient
for purposes of the emissions statement
requirement for the 2008 ozone
NAAQS.’’ Id. In cases where an existing
emissions statements rule is still
adequate to meet the emissions
statements requirement under the 2008
ozone NAAQS, states may provide the
rationale for that determination to EPA
in a written statement for approval in
the SIP to meet the requirements of CAA
section 182(a)(3)(B). Id. In this
statement, states should identify how
the emissions statements requirement of
CAA section 182(a)(3)(B) are met by
their existing emissions statement rule.
Id.
In summary, Delaware is required to
submit, as a formal revision to its SIP,
a statement certifying that Delaware’s
existing emissions statements program
satisfies the requirements of CAA
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section 182(a)(3)(B) and covers
Delaware’s portions of the PhiladelphiaWilmington-Atlantic City, PA-NJ-MDDE 2008 ozone NAAQS nonattainment
area (i.e. New Castle County) and the
Seaford 2008 ozone NAAQS
nonattainment area (i.e. Sussex County).
II. Summary of SIP Revision and EPA
Analysis
On June 29, 2018, the State of
Delaware, through the Delaware
Department of Natural Resources and
Environmental Control (DNREC),
submitted, as a formal revision to its
SIP, a statement certifying that
Delaware’s existing SIP-approved
emissions statements program under 7
DE Administrative Code 1117 Section
7.0 satisfies the emissions statements
requirement for the 2008 ozone NAAQS.
On April 9, 2019 (84 FR 14075), EPA
published a notice of proposed
rulemaking (NPRM) for the State of
Delaware. In the NPRM, EPA proposed
to approve, as a SIP revision, Delaware’s
June 29, 2018 emissions statements
certification as satisfying the
requirements of CAA section
182(a)(3)(B) for the 2008 ozone NAAQS.
The rationale for EPA’s proposed action
can be found in the April 9, 2019 NPRM
and will not be restated here.
III. Public Comments and EPA
Response
EPA received comments on the April
9, 2019 NPRM from three anonymous
commenters. EPA received a comment
on April 11, 2019 that was supportive
of EPA’s proposed action; EPA is not
responding to that comment. The other
two comments and EPA’s responses are
discussed below. The comments EPA
received are included in the docket for
this action, available online at
www.regulations.gov, Docket ID: EPA–
R03–OAR–2018–0825.
Commenter 1: On April 9, 2019, EPA
received an anonymous comment on the
NPRM. The commenter emphasizes the
importance of emissions reporting of
NOX and VOC in ozone nonattainment
areas. The commenter expresses
concern regarding states’ ability to
waive the emissions reporting
requirement ‘‘if they emit under 25 tons
per year of NOX and/or VOC.’’ The
commenter states that the purpose of
emissions reporting is to understand the
total amount of emissions in a state ‘‘no
matter how little they emit’’ and
suggests that this would assist with the
identification and resolution of air
quality problems. The commenter also
expresses concern that if a state has
waived the emissions statements
requirements and emissions in a state
are low at the beginning of the year and
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then increase, it would take a year to
identify the increase in emissions which
may delay potential actions by EPA.
EPA Response: Section 182(a)(3)(B)(ii)
of the CAA permits states to waive the
emissions statements requirement of
CAA section 183(a)(3)(B)(i) for any class
or category of stationary sources which
emit less than 25 tpy of NOX or VOC if
the state provides an inventory of
emissions from these classes or
categories of sources as required by
CAA sections 172 and 182. As discussed
in the NPRM, Section 7.1 of Delaware’s
emissions statements provisions under 7
DE Administrative Code 1117 Section
7.0 states that Delaware may, with EPA
approval, ‘‘waive the emissions
statements requirements for classes or
categories of stationary sources with
facility-wide actual emissions of less
than 25 tpy of NOX or VOCs if the class
or category is included in the base year
and periodic ozone SIP emission
inventories, and the actual emissions
were calculated using EPA-approved
emission factors or other methods
acceptable to the EPA.’’ This is
consistent with CAA section
182(a)(3)(B)(ii) and is more stringent
than the requirements of the CAA as it
requires EPA approval to waive the
emissions statements requirement.
Therefore, EPA continues to find that
Delaware’s emissions statements
provisions under 7 DE Administrative
Code 1117 Section 7.0 meet the
requirements of CAA section
182(a)(3)(B)(ii) for the 2008 ozone
NAAQS.
In addition, EPA disagrees with the
commenter that permitting states to
waive the emissions statements
requirement for classes or categories of
sources that emit less than 25 tpy of
NOX or VOC will prevent EPA from
obtaining data regarding a state’s total
emissions of NOX and VOC or delay
EPA in identifying increases in
emissions. As stated previously, states
are required by CAA section 182(a)(3)(B)
to have an emissions reporting program
(also referred to as an ‘‘emissions
statements’’ program) requiring sources
located in ozone nonattainment areas
that emit 25 tpy or more of NOX or VOC
to annually report actual emissions to
the State (emphasis added). The
emissions statements requirement of
CAA section 182(a)(3)(B) is separate
from the requirements for the state to
submit emissions data to EPA. States are
required to submit emissions data to
EPA under the Air Emissions Reporting
Rule (AERR). 40 CFR, part 51, subpart
A.1 The AERR requires states to submit
1 For more information on the AERR, see
‘‘Emissions Inventory Guidance for Implementation
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to EPA complete and comprehensive
data on emissions from certain point,
nonpoint, onroad, and nonroad sources
triennially. In addition, the AERR
requires annual reporting for larger,
Type A, point sources.2 Pursuant to 40
CFR 51.20, all anthropogenic stationary
sources must be included in the
emission inventory as either point or
nonpoint sources; if a facility’s
emissions are too low to be considered
a ‘‘point source’’, the emissions must be
reported as nonpoint sources.3
Therefore, the AERR provides for the
reporting of complete and
comprehensive data on a state’s total
emissions of NOX and VOC by the state
to EPA. While states may use data
submitted by sources through their
emissions statements program to satisfy
the AERR, the AERR is separate from
the emissions statements requirement of
CAA section 182(a)(3)(B). Therefore, the
waiving of a class or category of source
from a state’s emissions statements
program does not affect the state’s
obligation to report emissions from
these sources to EPA under the AERR.
In addition, pursuant to CAA section
182(a)(3)(B)(ii), states may only waive
the emissions statements requirement
for any class or category of sources that
emit less than 25 tpy of NOX or VOC if
the state includes that class or category
of sources in the base year and periodic
inventories required by CAA section
172(c)(3), 182(a)(1), and 182(a)(3)(A)
and emissions are calculated using
emission factors established by EPA or
other methods acceptable to EPA
(emphasis added).4 EPA uses the
emissions data submitted by the states
under the AERR to build the National
Emissions Inventory (NEI), which in
turn may be used by the states for their
base year and periodic emission
inventories.5 A state’s waiver of the
of Ozone and Particulate Matter National Ambient
Air Quality Standards (NAAQS) and Regional Haze
Regulations,’’ May 2017, included in the docket for
this rulemaking available online at https://
www.regulations.gov, Docket ID: EPA–R03–OAR–
2018–0825.
2 The emission thresholds by pollutant for
treatment of point sources can be found in Table 1
of Appendix A of the AERR at 40 CFR, part 51,
subpart A.
3 Pursuant to 40 CFR 51.15(b), sources on tribal
lands are excluded from the AERR.
4 See ‘‘Draft Guidance on the Implementation of
an Emission Statement Program’’, July 1992,
included in the docket for this rulemaking available
online at https://www.regulations.gov, Docket ID:
EPA–R03–OAR–2018–0825.
5 The NEI is a comprehensive and detailed
estimate of air emissions of criteria pollutants,
criteria precursors, and hazardous air pollutants
from air emissions sources. The NEI is released
every three years based primarily upon data
provided by State, Local, and Tribal air agencies for
sources in their jurisdictions and supplemented by
data developed by EPA.
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emissions statements requirement for a
class or category of sources that emit
less than 25 tpy of NOX or VOC does not
waive the requirement for the sources to
be captured in the state’s emissions
inventory. Sources will be captured as
either point or nonpoint sources in the
emission inventories regardless of
whether a state has waived them from
their emissions statements program.
Therefore, EPA will still have
comprehensive data on emissions in a
state that meets the emissions inventory
requirements of the CAA. Regarding the
concern about data not being submitted
regularly enough, CAA section
182(a)(3)(B) only requires that
‘‘[s]ubsequent statements shall be
submitted at least every year thereafter.’’
Therefore, Delaware’s requirement for
sources to submit emissions statements
annually complies with the
requirements of the CAA.
Commenter 2: EPA received an
anonymous comment on April 19, 2019
inquiring how EPA’s proposed action in
the April 9, 2019 NPRM will affect
corporations incorporated in Delaware
and if these corporations will be
required to change their business
practices as a result of this rulemaking.
EPA Response: EPA’s approval of
Delaware’s emissions statements
certification for the 2008 ozone NAAQS
will not change the existing emission
statement requirements for corporations
incorporated in Delaware. EPA’s April
9, 2019 NPRM proposed to approve, as
a SIP revision, Delaware’s certification
that the State’s existing, SIP-approved
emissions statements provisions under 7
DE Administrative Code 1117 Section
7.0 continue to satisfy the emissions
statements requirements of CAA section
182(a)(3)(B) for the 2008 ozone NAAQS.
Delaware’s existing emissions
statements provisions were first
approved by EPA into the Delaware SIP
on April 29, 1996 (61 FR 7415) for a
previous NAAQS and are therefore
already effective. EPA’s NPRM only
proposed to find that these existing,
unchanged provisions continue to
satisfy the requirements of CAA section
182(a)(3)(B) for the 2008 ozone NAAQS.
Because Delaware’s emissions statement
requirements are unchanged, this SIP
approval will not add any additional
requirements for sources in Delaware.
Therefore, EPA’s approval of Delaware’s
emissions statements certification for
the 2008 ozone NAAQS will not change
the previously applicable emissions
statement requirements for emission
sources located in Delaware and
therefore will not likely cause sources in
Delaware to change their business
practices. To the extent that the
commenter is asking whether
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companies incorporated in Delaware but
with facilities outside of Delaware that
emit NOX or VOC will be affected by
Delaware’s emission statement
regulation, the answer is no. Sources
outside of Delaware will be required to
report their emissions of NOX and VOC
according to the regulations of the state
in which that source is located.
IV. Final Action
EPA is approving, as a SIP revision,
the State of Delaware’s June 29, 2018
emissions statements certification for
the 2008 ozone NAAQS as approvable
under CAA section 182(a)(3)(B).
Delaware’s emissions statements
certification certifies that Delaware’s
existing SIP-approved emissions
statements program under 7 DE
Administrative Code 1117 Section 7.0
satisfies the requirements of CAA
section 182(a)(3)(B) for the 2008 ozone
NAAQS.
V. Statutory and Executive Order
Reviews
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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
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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 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
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32071
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 September 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
approving Delaware’s emissions
statements certification for the 2008
ozone NAAQS may not be challenged
later in proceedings to enforce its
requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: June 24, 2019.
Diana Esher,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart I— Delaware
2. In § 52.420, the table in paragraph
(e) is amended by adding the entry
‘‘Emissions Statements Rule
Certification for the 2008 Ozone
NAAQS’’ at the end of the table to read
as follows:
■
§ 52.420
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Identification of plan.
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(e) * * *
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Name of
non-regulatory
SIP revision
*
Emissions Statements Rule Certification for the
2008 Ozone
NAAQS.
Applicable geographic area
*
*
Delaware’s portions of the PhiladelphiaWilmington-Atlantic City, PA–NJ–MD–
DE 2008 ozone NAAQS nonattainment area (i.e. New Castle County)
and the Seaford 2008 ozone NAAQS
nonattainment area (i.e. Sussex
County).
*
06/29/2018
EPA approval date
Additional explanation
*
07/05/2019, [Insert
Federal Register
citation].
*
*
Certification that Delaware’s SIP-approved regulations under 7 DE Administrative Code 1117 Section 7.0
Emission Statement meet the emissions statements requirements of
CAA section 182(a)(3)(B) for the
2008 ozone NAAQS.
section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Johansen, Permits Branch (3AD10),
Air and Radiation Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2156.
Ms. Johansen can also be reached via
electronic mail at johansen.amy@
epa.gov.
SUPPLEMENTARY INFORMATION:
INFORMATION CONTACT
[FR Doc. 2019–14360 Filed 7–3–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2018–0754; FRL–9995–97Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; District
of Columbia; Nonattainment New
Source Review Requirements for 2008
8-Hour Ozone Standard
jbell on DSK3GLQ082PROD with RULES
State
submittal
date
I. Background
On March 19, 2019 (84 FR 9995), EPA
published a notice of proposed
AGENCY: Environmental Protection
rulemaking (NPRM) for the District. In
Agency (EPA).
the NPRM, EPA proposed approval of
ACTION: Final rule.
the District’s NNSR Certification for the
SUMMARY: The Environmental Protection 2008 8-hour ozone NAAQS. The formal
Agency (EPA) is approving a state
SIP revision was submitted by the
implementation plan (SIP) revision
District on May 23, 2018. This SIP
submitted by the District of Columbia
revision was in response to EPA’s final
(the District). The revision is in
2008 8-hour ozone NAAQS Findings of
response to EPA’s February 3, 2017
Failure to Submit for NNSR
Findings of Failure to Submit for
requirements. See 82 FR 9158 (February
various requirements relating to the
3, 2017). Specifically, the District
2008 8-hour ozone national ambient air
certified that its existing NNSR program,
quality standards (NAAQS). This SIP
covering the District portion of the
revision is specific to nonattainment
Washington, DC-MD-VA Nonattainment
new source review (NNSR)
Area (Washington Area) for the 2008 8requirements. This action is being taken hour ozone NAAQS, is at least as
under the Clean Air Act (CAA).
stringent as the requirements at 40 CFR
51.165, as amended by the final rule
DATES: This final rule is effective on
titled ‘‘Implementation of the 2008
August 5, 2019.
National Ambient Air Quality Standards
ADDRESSES: EPA has established a
for Ozone: State Implementation Plan
docket for this action under Docket ID
Number EPA–R03–OAR–2018–0754. All Requirements’’ (SIP Requirements Rule),
for ozone and its precursors.1 2 See 80
documents in the docket are listed on
FR 12264 (March 6, 2015).
the https://www.regulations.gov
website. Although listed in the index,
1 The SIP Requirements Rule addresses a range of
some information is not publicly
nonattainment area SIP requirements for the 2008
available, e.g., confidential business
8-hour ozone NAAQS, including requirements
information (CBI) or other information
pertaining to attainment demonstrations, reasonable
whose disclosure is restricted by statute. further progress (RFP), reasonably available control
technology, reasonably available control measures,
Certain other material, such as
major new source review, emission inventories, and
copyrighted material, is not placed on
the timing of SIP submissions and of compliance
the internet and will be publicly
with emission control measures in the SIP. The rule
also revokes the 1997 ozone NAAQS and
available only in hard copy form.
establishes anti-backsliding requirements.
Publicly available docket materials are
2 On February 16, 2018, the United States Court
available through https://
of Appeals for the District of Columbia Circuit (D.C.
www.regulations.gov, or please contact
Cir. Court or Court) issued an opinion on the EPA’s
the person identified in the FOR FURTHER SIP Requirements Rule. South Coast Air Quality
VerDate Sep<11>2014
17:30 Jul 03, 2019
Jkt 247001
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
On March 12, 2008, EPA promulgated
a revised 8-hour ozone NAAQS of 0.075
parts per million (ppm). See 73 FR
16436 (March 27, 2008). Under EPA’s
regulations at 40 CFR 50.15, the 2008
8-hour ozone NAAQS is attained when
the three-year average of the annual
fourth-highest daily maximum 8-hour
average ambient air quality ozone
concentration is less than or equal to
0.075 ppm.
Upon promulgation of a new or
revised NAAQS, the CAA requires EPA
to designate as nonattainment any area
that is violating the NAAQS based on
the three most recent years of ambient
air quality data at the conclusion of the
designation process. The Washington
Area was classified as marginal
nonattainment for the 2008 8-hour
ozone NAAQS on May 21, 2012
(effective July 20, 2012) using 2008–
2010 ambient air quality data. See 77 FR
30088. On March 6, 2015, EPA issued
the final SIP Requirements Rule, which
establishes the requirements that state,
tribal, and local air quality management
agencies must meet as they develop
implementation plans for areas where
air quality exceeds the 2008 8-hour
ozone NAAQS. See 80 FR 12264. Areas
that were designated as marginal ozone
nonattainment areas were required to
attain the 2008 8-hour ozone NAAQS no
later than July 20, 2015, based on 2012–
2014 monitoring data. See 40 CFR
51.1103. The Washington Area did not
attain the 2008 8-hour ozone NAAQS by
July 20, 2015; however, the area did
meet the CAA section 181(a)(5) criteria,
as interpreted in 40 CFR 51.1107, for a
one-year attainment date extension. See
81 FR 26697 (May 4, 2016). Therefore,
on April 11, 2016, the EPA
Administrator signed a final rule
extending the Washington Area 8-hour
Mgmt. Dist. v. EPA, 882 F.3d 1138, 2018 U.S. App.
LEXIS 3636 (DC Cir. February 16, 2018). The D.C.
Cir. Court found certain provisions from the SIP
Requirements Rule to be inconsistent with the
statute or unreasonable and vacated those
provisions. Id. The Court found other parts of the
SIP Requirements Rule reasonable and denied the
petition for appeal on those provisions. Id.
E:\FR\FM\05JYR1.SGM
05JYR1
]]>Agencies
[Federal Register Volume 84, Number 129 (Friday, July 5, 2019)]
[Rules and Regulations]
[Pages 32068-32072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14360]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2018-0825; FRL-9996-07-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Emissions Statements Rule Certification for the 2008 Ozone
National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision formally submitted by the State of
Delaware. Under section 182 of the Clean Air Act (CAA), states' SIPs
must require stationary sources in ozone nonattainment areas to report
annual emissions of nitrogen oxides (NOX) and volatile
organic compounds (VOC). This SIP revision provides Delaware's
certification that its existing emissions statements program satisfies
the emissions statements requirements of the CAA for the 2008 ozone
National Ambient Air Quality Standards (NAAQS). EPA is approving
Delaware's emissions statements program certification for the 2008
ozone NAAQS as a SIP revision in accordance with the requirements of
the CAA.
DATES: This final rule is effective on August 5, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2018-0825. 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
[[Page 32069]]
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: Sara Calcinore, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2043. Ms. Calcinore can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Under the CAA, EPA establishes NAAQS for criteria pollutants in
order to protect human health and the environment. In response to
scientific evidence linking ozone exposure to adverse health effects,
EPA promulgated the first ozone NAAQS, the 0.12 part per million (ppm)
1-hour ozone NAAQS, in 1979. See 44 FR 8202 (February 8, 1979). The CAA
requires EPA to review and reevaluate the NAAQS every five years in
order to consider updated information regarding the effects of the
criteria pollutants on human health and the environment. On July 18,
1997, EPA promulgated a revised ozone NAAQS, referred to as the 1997
ozone NAAQS, of 0.08 ppm averaged over eight hours. See 62 FR 38855.
This 8-hour ozone NAAQS was determined to be more protective of public
health than the previous 1979 1-hour ozone NAAQS. In 2008, EPA
strengthened the 8-hour ozone NAAQS from 0.08 to 0.075 ppm. The 0.075
ppm standard is referred to as the 2008 ozone NAAQS. See 73 FR 16436
(March 27, 2008).
On May 21, 2012 and June 11, 2012, EPA designated nonattainment
areas for the 2008 ozone NAAQS. 77 FR 30088 and 77 FR 34221. Effective
July 20, 2012, New Castle County and Sussex County in Delaware were
designated as marginal nonattainment for the 2008 ozone NAAQS. New
Castle County was designated as part of the Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE 2008 ozone NAAQS nonattainment area, which
includes the following counties: New Castle in Delaware; Cecil in
Maryland; Atlantic, Burlington, Camden, Cape May, Cumberland,
Gloucester, Mercer, Ocean, and Salem in New Jersey; and Bucks, Chester,
Delaware, Montgomery, and Philadelphia in Pennsylvania. 40 CFR 81.308,
81.321, 81.331, and 81.339. Sussex County was designated marginal
nonattainment as the Seaford 2008 ozone NAAQS nonattainment area, which
includes only Sussex County. 40 CFR 81.308.
Section 182 of the CAA identifies plan submission requirements for
ozone nonattainment areas. Specifically, section 182(a)(3)(B) requires
that states develop and submit, as a revision to their SIP, rules which
establish annual reporting requirements for certain stationary sources.
Sources that are within ozone nonattainment areas must annually report
the actual emissions of NOX and VOC to the state. However,
states may waive this reporting requirement for classes or categories
of stationary sources that emit under 25 tons per year (tpy) of
NOX or VOC if the state provides an inventory of emissions
from these classes or categories of sources as required by CAA sections
172 and 182. See CAA section 182(a)(3)(B)(ii).
On March 6, 2015, EPA issued a final rule addressing a range of
nonattainment area SIP requirements for the 2008 ozone NAAQS, including
the emissions statements requirement of CAA section 182(a)(3)(B) (2015
final rule). 80 FR 12264. Per the preamble to EPA's 2015 final rule,
the source emissions statements requirement applies to all areas
designated nonattainment for the 2008 ozone NAAQS. See 80 FR 12264,
12291. The preamble to EPA's 2015 final rule also states that most
areas that are required to have an emissions statements program for the
2008 ozone NAAQS already have a program in place due to a nonattainment
designation for an earlier ozone NAAQS. Id. The preamble to EPA's 2015
final rule states that, ``If an area has a previously approved
emissions statement rule in force for the 1997 ozone NAAQS or the 1-
hour ozone NAAQS that covers all portions of the nonattainment area for
the 2008 ozone NAAQS, such rule should be sufficient for purposes of
the emissions statement requirement for the 2008 ozone NAAQS.'' Id. In
cases where an existing emissions statements rule is still adequate to
meet the emissions statements requirement under the 2008 ozone NAAQS,
states may provide the rationale for that determination to EPA in a
written statement for approval in the SIP to meet the requirements of
CAA section 182(a)(3)(B). Id. In this statement, states should identify
how the emissions statements requirement of CAA section 182(a)(3)(B)
are met by their existing emissions statement rule. Id.
In summary, Delaware is required to submit, as a formal revision to
its SIP, a statement certifying that Delaware's existing emissions
statements program satisfies the requirements of CAA section
182(a)(3)(B) and covers Delaware's portions of the Philadelphia-
Wilmington-Atlantic City, PA-NJ-MD-DE 2008 ozone NAAQS nonattainment
area (i.e. New Castle County) and the Seaford 2008 ozone NAAQS
nonattainment area (i.e. Sussex County).
II. Summary of SIP Revision and EPA Analysis
On June 29, 2018, the State of Delaware, through the Delaware
Department of Natural Resources and Environmental Control (DNREC),
submitted, as a formal revision to its SIP, a statement certifying that
Delaware's existing SIP-approved emissions statements program under 7
DE Administrative Code 1117 Section 7.0 satisfies the emissions
statements requirement for the 2008 ozone NAAQS.
On April 9, 2019 (84 FR 14075), EPA published a notice of proposed
rulemaking (NPRM) for the State of Delaware. In the NPRM, EPA proposed
to approve, as a SIP revision, Delaware's June 29, 2018 emissions
statements certification as satisfying the requirements of CAA section
182(a)(3)(B) for the 2008 ozone NAAQS. The rationale for EPA's proposed
action can be found in the April 9, 2019 NPRM and will not be restated
here.
III. Public Comments and EPA Response
EPA received comments on the April 9, 2019 NPRM from three
anonymous commenters. EPA received a comment on April 11, 2019 that was
supportive of EPA's proposed action; EPA is not responding to that
comment. The other two comments and EPA's responses are discussed
below. The comments EPA received are included in the docket for this
action, available online at www.regulations.gov, Docket ID: EPA-R03-
OAR-2018-0825.
Commenter 1: On April 9, 2019, EPA received an anonymous comment on
the NPRM. The commenter emphasizes the importance of emissions
reporting of NOX and VOC in ozone nonattainment areas. The
commenter expresses concern regarding states' ability to waive the
emissions reporting requirement ``if they emit under 25 tons per year
of NOX and/or VOC.'' The commenter states that the purpose
of emissions reporting is to understand the total amount of emissions
in a state ``no matter how little they emit'' and suggests that this
would assist with the identification and resolution of air quality
problems. The commenter also expresses concern that if a state has
waived the emissions statements requirements and emissions in a state
are low at the beginning of the year and
[[Page 32070]]
then increase, it would take a year to identify the increase in
emissions which may delay potential actions by EPA.
EPA Response: Section 182(a)(3)(B)(ii) of the CAA permits states to
waive the emissions statements requirement of CAA section
183(a)(3)(B)(i) for any class or category of stationary sources which
emit less than 25 tpy of NOX or VOC if the state provides an
inventory of emissions from these classes or categories of sources as
required by CAA sections 172 and 182. As discussed in the NPRM, Section
7.1 of Delaware's emissions statements provisions under 7 DE
Administrative Code 1117 Section 7.0 states that Delaware may, with EPA
approval, ``waive the emissions statements requirements for classes or
categories of stationary sources with facility-wide actual emissions of
less than 25 tpy of NOX or VOCs if the class or category is
included in the base year and periodic ozone SIP emission inventories,
and the actual emissions were calculated using EPA-approved emission
factors or other methods acceptable to the EPA.'' This is consistent
with CAA section 182(a)(3)(B)(ii) and is more stringent than the
requirements of the CAA as it requires EPA approval to waive the
emissions statements requirement. Therefore, EPA continues to find that
Delaware's emissions statements provisions under 7 DE Administrative
Code 1117 Section 7.0 meet the requirements of CAA section
182(a)(3)(B)(ii) for the 2008 ozone NAAQS.
In addition, EPA disagrees with the commenter that permitting
states to waive the emissions statements requirement for classes or
categories of sources that emit less than 25 tpy of NOX or
VOC will prevent EPA from obtaining data regarding a state's total
emissions of NOX and VOC or delay EPA in identifying
increases in emissions. As stated previously, states are required by
CAA section 182(a)(3)(B) to have an emissions reporting program (also
referred to as an ``emissions statements'' program) requiring sources
located in ozone nonattainment areas that emit 25 tpy or more of
NOX or VOC to annually report actual emissions to the State
(emphasis added). The emissions statements requirement of CAA section
182(a)(3)(B) is separate from the requirements for the state to submit
emissions data to EPA. States are required to submit emissions data to
EPA under the Air Emissions Reporting Rule (AERR). 40 CFR, part 51,
subpart A.\1\ The AERR requires states to submit to EPA complete and
comprehensive data on emissions from certain point, nonpoint, onroad,
and nonroad sources triennially. In addition, the AERR requires annual
reporting for larger, Type A, point sources.\2\ Pursuant to 40 CFR
51.20, all anthropogenic stationary sources must be included in the
emission inventory as either point or nonpoint sources; if a facility's
emissions are too low to be considered a ``point source'', the
emissions must be reported as nonpoint sources.\3\ Therefore, the AERR
provides for the reporting of complete and comprehensive data on a
state's total emissions of NOX and VOC by the state to EPA.
While states may use data submitted by sources through their emissions
statements program to satisfy the AERR, the AERR is separate from the
emissions statements requirement of CAA section 182(a)(3)(B).
Therefore, the waiving of a class or category of source from a state's
emissions statements program does not affect the state's obligation to
report emissions from these sources to EPA under the AERR.
---------------------------------------------------------------------------
\1\ For more information on the AERR, see ``Emissions Inventory
Guidance for Implementation of Ozone and Particulate Matter National
Ambient Air Quality Standards (NAAQS) and Regional Haze
Regulations,'' May 2017, included in the docket for this rulemaking
available online at https://www.regulations.gov, Docket ID: EPA-R03-
OAR-2018-0825.
\2\ The emission thresholds by pollutant for treatment of point
sources can be found in Table 1 of Appendix A of the AERR at 40 CFR,
part 51, subpart A.
\3\ Pursuant to 40 CFR 51.15(b), sources on tribal lands are
excluded from the AERR.
---------------------------------------------------------------------------
In addition, pursuant to CAA section 182(a)(3)(B)(ii), states may
only waive the emissions statements requirement for any class or
category of sources that emit less than 25 tpy of NOX or VOC
if the state includes that class or category of sources in the base
year and periodic inventories required by CAA section 172(c)(3),
182(a)(1), and 182(a)(3)(A) and emissions are calculated using emission
factors established by EPA or other methods acceptable to EPA (emphasis
added).\4\ EPA uses the emissions data submitted by the states under
the AERR to build the National Emissions Inventory (NEI), which in turn
may be used by the states for their base year and periodic emission
inventories.\5\ A state's waiver of the emissions statements
requirement for a class or category of sources that emit less than 25
tpy of NOX or VOC does not waive the requirement for the
sources to be captured in the state's emissions inventory. Sources will
be captured as either point or nonpoint sources in the emission
inventories regardless of whether a state has waived them from their
emissions statements program. Therefore, EPA will still have
comprehensive data on emissions in a state that meets the emissions
inventory requirements of the CAA. Regarding the concern about data not
being submitted regularly enough, CAA section 182(a)(3)(B) only
requires that ``[s]ubsequent statements shall be submitted at least
every year thereafter.'' Therefore, Delaware's requirement for sources
to submit emissions statements annually complies with the requirements
of the CAA.
---------------------------------------------------------------------------
\4\ See ``Draft Guidance on the Implementation of an Emission
Statement Program'', July 1992, included in the docket for this
rulemaking available online at https://www.regulations.gov, Docket
ID: EPA-R03-OAR-2018-0825.
\5\ The NEI is a comprehensive and detailed estimate of air
emissions of criteria pollutants, criteria precursors, and hazardous
air pollutants from air emissions sources. The NEI is released every
three years based primarily upon data provided by State, Local, and
Tribal air agencies for sources in their jurisdictions and
supplemented by data developed by EPA.
---------------------------------------------------------------------------
Commenter 2: EPA received an anonymous comment on April 19, 2019
inquiring how EPA's proposed action in the April 9, 2019 NPRM will
affect corporations incorporated in Delaware and if these corporations
will be required to change their business practices as a result of this
rulemaking.
EPA Response: EPA's approval of Delaware's emissions statements
certification for the 2008 ozone NAAQS will not change the existing
emission statement requirements for corporations incorporated in
Delaware. EPA's April 9, 2019 NPRM proposed to approve, as a SIP
revision, Delaware's certification that the State's existing, SIP-
approved emissions statements provisions under 7 DE Administrative Code
1117 Section 7.0 continue to satisfy the emissions statements
requirements of CAA section 182(a)(3)(B) for the 2008 ozone NAAQS.
Delaware's existing emissions statements provisions were first approved
by EPA into the Delaware SIP on April 29, 1996 (61 FR 7415) for a
previous NAAQS and are therefore already effective. EPA's NPRM only
proposed to find that these existing, unchanged provisions continue to
satisfy the requirements of CAA section 182(a)(3)(B) for the 2008 ozone
NAAQS. Because Delaware's emissions statement requirements are
unchanged, this SIP approval will not add any additional requirements
for sources in Delaware. Therefore, EPA's approval of Delaware's
emissions statements certification for the 2008 ozone NAAQS will not
change the previously applicable emissions statement requirements for
emission sources located in Delaware and therefore will not likely
cause sources in Delaware to change their business practices. To the
extent that the commenter is asking whether
[[Page 32071]]
companies incorporated in Delaware but with facilities outside of
Delaware that emit NOX or VOC will be affected by Delaware's
emission statement regulation, the answer is no. Sources outside of
Delaware will be required to report their emissions of NOX
and VOC according to the regulations of the state in which that source
is located.
IV. Final Action
EPA is approving, as a SIP revision, the State of Delaware's June
29, 2018 emissions statements certification for the 2008 ozone NAAQS as
approvable under CAA section 182(a)(3)(B). Delaware's emissions
statements certification certifies that Delaware's existing SIP-
approved emissions statements program under 7 DE Administrative Code
1117 Section 7.0 satisfies the requirements of CAA section 182(a)(3)(B)
for the 2008 ozone NAAQS.
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 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 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 approving Delaware's emissions statements
certification for the 2008 ozone NAAQS may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: June 24, 2019.
Diana Esher,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart I-- Delaware
0
2. In Sec. 52.420, the table in paragraph (e) is amended by adding the
entry ``Emissions Statements Rule Certification for the 2008 Ozone
NAAQS'' at the end of the table to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(e) * * *
[[Page 32072]]
----------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP Applicable geographic submittal EPA approval date Additional
revision area date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Emissions Statements Rule Delaware's portions of 06/29/2018 07/05/2019, Certification that
Certification for the 2008 the Philadelphia- [Insert Federal Delaware's SIP-
Ozone NAAQS. Wilmington-Atlantic Register approved regulations
City, PA-NJ-MD-DE citation]. under 7 DE
2008 ozone NAAQS Administrative Code
nonattainment area 1117 Section 7.0
(i.e. New Castle Emission Statement
County) and the meet the emissions
Seaford 2008 ozone statements
NAAQS nonattainment requirements of CAA
area (i.e. Sussex section 182(a)(3)(B)
County). for the 2008 ozone
NAAQS.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2019-14360 Filed 7-3-19; 8:45 am]
BILLING CODE 6560-50-P
