Approval and Promulgation of Air Quality Implementation Plans; Delaware; Removal of Unnecessary Electric Arc Furnace Regulation and References to the Electric Arc Furnace Regulation, 37772-37774 [2019-16438]
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Federal Register / Vol. 84, No. 149 / Friday, August 2, 2019 / Rules and Regulations
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trailing the last event participants, and
100 yards on either side of participant
and safety vessels during the 2019
DeSatnick Foundation Cape to Cape
Paddleboard event. The safety zone will
move with the safety vessels and
participants as they transit from the
Lewes Ferry Terminal in Lewes,
Delaware, moving north through the
Delaware Bay main shipping channel,
and terminate at the Queen Street Beach
in Cape May, New Jersey. The safety
zone will move at the pace of event
patrol vessels and participants.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Sector Delaware Bay in the
enforcement of the safety zone.
(c) Regulations. (1) All nonparticipant persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated areas unless
authorized by official event patrol.
Vessels already moored or anchored
may stay moored or anchored within the
zone, but must be authorized by the
designated representative prior to
transiting within the zone.
(2) Designated representatives may
control vessel traffic throughout the
regulated areas as determined by the
prevailing conditions.
(3) Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the
regulated areas by contacting the
Captain of the Port or a designated
representative via VHF radio on channel
13 or 16.
(4) If authorization is granted by the
Captain of the Port or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port or a designated
representative.
(d) Enforcement period. This rule will
be enforced from 8 a.m. through 3 p.m.
on August 18, 2019, unless cancelled
earlier by the Captain of the Port.
Dated: July 29, 2019.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
[FR Doc. 2019–16544 Filed 8–1–19; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2018–0741; FRL–9997–68–
Region3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Removal of Unnecessary
Electric Arc Furnace Regulation and
References to the Electric Arc Furnace
Regulation
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving three state
implementation plan (SIP) revisions
submitted by the State of Delaware. One
revision requests EPA remove from the
Delaware SIP a state regulation
governing emissions from Electric Arc
Furnaces (EAFs) because there are no
such sources in Delaware and the State
has already repealed this regulation.
Delaware’s remaining SIP revisions
amend two SIP approved regulations in
order to remove references to the EAF
regulation. EPA is approving these
revisions to remove the EAF regulation
and references to the EAF regulation in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This final rule is effective on
September 3, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2018–0741. 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:
Elizabeth Gaige, Air Quality Analysis
Branch (3AD40), Air & Radiation
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–5676.
Ms. Gaige can also be reached via
electronic mail at gaige.elizabeth@
epa.gov.
SUMMARY:
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SUPPLEMENTARY INFORMATION:
I. Background
On May 30, 2019 (84 FR 25024), EPA
published a notice of proposed
rulemaking (NPRM) for the State of
Delaware. In the NPRM, EPA proposed
to approve the removal from the
Delaware SIP of a state regulation
governing emissions from EAFs because
there are no such sources in Delaware
and the State has already repealed this
regulation. In the May 30, 2019 NPRM,
EPA also proposed to approve minor
revisions to two SIP approved
regulations to remove references to the
EAF regulation. The formal SIP
revisions were submitted by Delaware
on May 25, 2018 and March 19, 2019.
II. Summary of SIP Revision and EPA
Analysis
On May 25, 2018, the State of
Delaware, through the Department of
Natural Resources and Environmental
Control (DNREC), formally submitted a
SIP revision requesting removal of state
regulation 7 Delaware Admin. Code
1123—Standards of Performance for
Steel Plants: Electric Arc Furnaces, from
the Delaware SIP because there are no
EAFs in Delaware and any future EAF
constructed in Delaware would be
subject to more stringent Federal and
State regulations than 7 Delaware
Admin. Code 1123.
The removal of 7 Delaware Admin.
Code 1123 has no expected emissions
impact on any pollutant because there
are no existing EAFs in Delaware and
the removal of the regulation is not
expected to interfere with reasonable
further progress, any NAAQS, or any
other CAA requirement. Therefore, the
removal of 7 Delaware Admin. Code
1123 from the Delaware SIP is in
accordance with section 110(l) of the
CAA.
On March 19, 2019, the DNREC
formally submitted two SIP revisions
requesting minor amendments to the
SIP approved versions of 7 Delaware
Admin. Code 1114—Visible Emissions,
and to state regulation 7 Delaware
Admin. Code 1117—Source Monitoring,
Record Keeping and Reporting. In order
to be consistent with the elimination of
7 Delaware Admin. Code 1123, the State
has already changed 7 Delaware Admin.
Code Sections 1114 and 1117 to remove
the references to the repealed EAF
regulation. Delaware’s March 19, 2019
SIP submittal requests that these
changes be incorporated into the SIP
approved versions of these regulations.
On May 30, 2019 (84 FR 25024), EPA
published a NPRM proposing to
approve the removal from the Delaware
SIP of a state regulation governing
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Federal Register / Vol. 84, No. 149 / Friday, August 2, 2019 / Rules and Regulations
emissions from EAFs because there are
no such sources in Delaware and the
State has already repealed this
regulation. EPA’s NPRM also proposed
approval of minor revisions to two SIP
approved regulations referencing the
repealed EAF regulation in order to
remove the references to the removed
EAF regulation. EPA’s rationale for
EPA’s proposed action are explained in
the NPRM and will not be restated here.
EPA received a comment from DNREC
asking that EPA correct errors in the
NPRM. The citations to 7 Delaware
Admin. Code sections 1114 and 1117
were switched in the text of the
proposed rule. The correct headings are
‘‘7 Delaware Admin. Code 1114—
Visible Emissions’’ and ‘‘7 Delaware
Admin. Code 1117—Source Monitoring,
Record Keeping and Reporting.’’ EPA
thanks DNREC for the comment and has
used the correct numbers and headings
in the Final Rulemaking Notice (FRN).
DNREC also pointed to the
‘‘Incorporation by Reference’’ section of
the NPRM where EPA mistakenly wrote
‘‘updated definition of VOC’’ instead of
‘‘updated EAF regulations.’’ EPA thanks
DNREC for this comment and has not
made the same error in the FRN.
references to the repealed EAF
regulation. Also in this document, as
described in the finalized amendments
to 40 CFR part 52 set forth below, EPA
is finalizing the removal of the 7
Delaware Admin. Code 1123—
Standards of Performance for Steel
Plants: Electric Arc Furnaces provisions
of the EPA-Approved Delaware
Regulations and Statutes from the
Delaware State Implementation Plan,
which is incorporated by reference in
accordance with the requirements of 1
CFR part 51. EPA has made, and will
continue to make, these materials
generally 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).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully Federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of this final
rulemaking, and will be incorporated by
reference in the next update to the SIP
compilation.1
III. Final Action
EPA is approving removal of 7
Delaware Admin. Code 1123—
Standards of Performance for Steel
Plants: Electric Arc Furnaces, from the
Delaware SIP because it is outdated.
Delaware requested removal of 7
Delaware Admin. Code 1123 because
there are currently no such sources in
the state of Delaware, and more
restrictive State and Federal
requirements are in place if a new EAF
is constructed in Delaware in the future.
EPA is also approving minor revisions
to state regulation 7 Delaware Admin.
Code 1114—Visible Emissions, and to
state regulation 7 Delaware Admin.
Code 1117—Source Monitoring, Record
Keeping and Reporting. Both of these
regulations contain cross references to
the EAF regulation which Delaware has
repealed, and these two SIP revisions
remove the cross references.
V. Statutory and Executive Order
Reviews
IV. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of newly amended state
regulations 7 Delaware Admin. Code
1114—Visible Emissions, and 7
Delaware Admin. Code 1117—Source
Monitoring, Record Keeping and
Reporting. The previous versions of
these regulations contained cross
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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
1 62
PO 00000
FR 27968 (May 22, 1997).
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37773
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
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Federal Register / Vol. 84, No. 149 / Friday, August 2, 2019 / Rules and Regulations
circuit by October 1, 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 the removal from the SIP of
a state regulation governing emissions
from EAFs because there are no such
sources in Delaware and removing
references to the EAF regulation in two
other SIP approved state regulations,
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,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: July 22, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
a. Under ‘‘1114 Visible Emissions’’ by
revising the entries for ‘‘Section 1.0,
General Provisions’’ and ‘‘Section 2.0
Requirements’’;
■ b. Under ‘‘1117, Source Monitoring,
Recordkeeping and Reporting’’, by
revising the entry ‘‘Section 3.0,
Minimum Emission Monitoring
Requirements for Existing Sources’’; and
■ c. Removing the heading ‘‘1123,
Standards of Performance for Steel
Plants: Electric Arc Furnaces’’,
including the entries ‘‘Section 1.0’’
through ‘‘Section 5.0’’. The revisions
read as follows:
■
§ 52.420
Subpart I—Delaware
*
2. Amend § 52.420, in the table in
paragraph (c):
■
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS AND STATUTES IN THE DELAWARE SIP
State regulation
(7 DNREC 1100)
State
effective
date
Title/subject
*
*
EPA approval date
*
*
1114
Section 1.0 .................
General Provisions
9/11/2008
Section 2.0 .................
Requirements ........
9/11/2008
*
*
*
Section 3.0 .................
*
Minimum Emission
Monitoring Requirements for
Existing Sources.
*
*
*
*
*
*
8/2/2019, [Insert
Federal Register citation].
8/2/2019, [Insert
Federal Register citation].
*
*
*
9/11/2008
*
8/2/2019, [Insert
Federal Register citation].
*
*
ENVIRONMENTAL PROTECTION
AGENCY
*
ACTION:
Approval and Promulgation of Air
Quality Implementation Plans;
Montana; Incorporation by Reference
Updates
Environmental Protection
Agency (EPA).
AGENCY:
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*
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*
Final rule.
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of Montana on
August 6, 2018. The revisions include
an update to incorporate by reference
the 2016 version of the Code of Federal
Regulations (CFR) and 2015 version of
the United States Code (U.S.C.) within
the Administrative Rules of Montana
(ARM) that are part of the Montana SIP.
The revisions also include
administrative changes that consolidate
SUMMARY:
[EPA–R08–OAR–2019–0268; FRL–9997–07–
Region 8]
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*
*
*
*
Revise 3.2 so that it reads, ‘‘3.2 Fuel Burning Equipment—
Fuel burning equipment except as provided in 3.2
through 3.4 of this regulation . . .’’ And remove 3.5,
‘‘Electric arc furnaces—See 7 DE Admin. Code 1123.’’
40 CFR Part 52
16:58 Aug 01, 2019
*
Source Monitoring, Recordkeeping and Reporting
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Remove the phrase, ‘‘except electric arc furnaces and
their associated dust-handling equipment as set forth in
2.2 of this regulation.’’
Remove the requirement of 2.2, which reads ‘‘2.2 The requirements of 2.1 of this regulation shall not apply to
electric arc furnaces, and their associated dust-handling
equipment, with a capacity of more than 100 tons which
are governed by 7 DE Admin. Code 1123.’’
*
*
[FR Doc. 2019–16438 Filed 8–1–19; 8:45 am]
*
Visible Emissions
*
1117
Additional explanation
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]]>Agencies
[Federal Register Volume 84, Number 149 (Friday, August 2, 2019)]
[Rules and Regulations]
[Pages 37772-37774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16438]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2018-0741; FRL-9997-68-Region3]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Removal of Unnecessary Electric Arc Furnace Regulation and
References to the Electric Arc Furnace Regulation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving three
state implementation plan (SIP) revisions submitted by the State of
Delaware. One revision requests EPA remove from the Delaware SIP a
state regulation governing emissions from Electric Arc Furnaces (EAFs)
because there are no such sources in Delaware and the State has already
repealed this regulation. Delaware's remaining SIP revisions amend two
SIP approved regulations in order to remove references to the EAF
regulation. EPA is approving these revisions to remove the EAF
regulation and references to the EAF regulation in accordance with the
requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on September 3, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2018-0741. 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: Elizabeth Gaige, Air Quality Analysis
Branch (3AD40), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is (215) 814-5676. Ms. Gaige can also be reached
via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On May 30, 2019 (84 FR 25024), EPA published a notice of proposed
rulemaking (NPRM) for the State of Delaware. In the NPRM, EPA proposed
to approve the removal from the Delaware SIP of a state regulation
governing emissions from EAFs because there are no such sources in
Delaware and the State has already repealed this regulation. In the May
30, 2019 NPRM, EPA also proposed to approve minor revisions to two SIP
approved regulations to remove references to the EAF regulation. The
formal SIP revisions were submitted by Delaware on May 25, 2018 and
March 19, 2019.
II. Summary of SIP Revision and EPA Analysis
On May 25, 2018, the State of Delaware, through the Department of
Natural Resources and Environmental Control (DNREC), formally submitted
a SIP revision requesting removal of state regulation 7 Delaware Admin.
Code 1123--Standards of Performance for Steel Plants: Electric Arc
Furnaces, from the Delaware SIP because there are no EAFs in Delaware
and any future EAF constructed in Delaware would be subject to more
stringent Federal and State regulations than 7 Delaware Admin. Code
1123.
The removal of 7 Delaware Admin. Code 1123 has no expected
emissions impact on any pollutant because there are no existing EAFs in
Delaware and the removal of the regulation is not expected to interfere
with reasonable further progress, any NAAQS, or any other CAA
requirement. Therefore, the removal of 7 Delaware Admin. Code 1123 from
the Delaware SIP is in accordance with section 110(l) of the CAA.
On March 19, 2019, the DNREC formally submitted two SIP revisions
requesting minor amendments to the SIP approved versions of 7 Delaware
Admin. Code 1114--Visible Emissions, and to state regulation 7 Delaware
Admin. Code 1117--Source Monitoring, Record Keeping and Reporting. In
order to be consistent with the elimination of 7 Delaware Admin. Code
1123, the State has already changed 7 Delaware Admin. Code Sections
1114 and 1117 to remove the references to the repealed EAF regulation.
Delaware's March 19, 2019 SIP submittal requests that these changes be
incorporated into the SIP approved versions of these regulations.
On May 30, 2019 (84 FR 25024), EPA published a NPRM proposing to
approve the removal from the Delaware SIP of a state regulation
governing
[[Page 37773]]
emissions from EAFs because there are no such sources in Delaware and
the State has already repealed this regulation. EPA's NPRM also
proposed approval of minor revisions to two SIP approved regulations
referencing the repealed EAF regulation in order to remove the
references to the removed EAF regulation. EPA's rationale for EPA's
proposed action are explained in the NPRM and will not be restated
here.
EPA received a comment from DNREC asking that EPA correct errors in
the NPRM. The citations to 7 Delaware Admin. Code sections 1114 and
1117 were switched in the text of the proposed rule. The correct
headings are ``7 Delaware Admin. Code 1114--Visible Emissions'' and ``7
Delaware Admin. Code 1117--Source Monitoring, Record Keeping and
Reporting.'' EPA thanks DNREC for the comment and has used the correct
numbers and headings in the Final Rulemaking Notice (FRN). DNREC also
pointed to the ``Incorporation by Reference'' section of the NPRM where
EPA mistakenly wrote ``updated definition of VOC'' instead of ``updated
EAF regulations.'' EPA thanks DNREC for this comment and has not made
the same error in the FRN.
III. Final Action
EPA is approving removal of 7 Delaware Admin. Code 1123--Standards
of Performance for Steel Plants: Electric Arc Furnaces, from the
Delaware SIP because it is outdated. Delaware requested removal of 7
Delaware Admin. Code 1123 because there are currently no such sources
in the state of Delaware, and more restrictive State and Federal
requirements are in place if a new EAF is constructed in Delaware in
the future. EPA is also approving minor revisions to state regulation 7
Delaware Admin. Code 1114--Visible Emissions, and to state regulation 7
Delaware Admin. Code 1117--Source Monitoring, Record Keeping and
Reporting. Both of these regulations contain cross references to the
EAF regulation which Delaware has repealed, and these two SIP revisions
remove the cross references.
IV. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of newly amended
state regulations 7 Delaware Admin. Code 1114--Visible Emissions, and 7
Delaware Admin. Code 1117--Source Monitoring, Record Keeping and
Reporting. The previous versions of these regulations contained cross
references to the repealed EAF regulation. Also in this document, as
described in the finalized amendments to 40 CFR part 52 set forth
below, EPA is finalizing the removal of the 7 Delaware Admin. Code
1123--Standards of Performance for Steel Plants: Electric Arc Furnaces
provisions of the EPA-Approved Delaware Regulations and Statutes from
the Delaware State Implementation Plan, which is incorporated by
reference in accordance with the requirements of 1 CFR part 51. EPA has
made, and will continue to make, these materials generally 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). Therefore, these
materials have been approved by EPA for inclusion in the SIP, have been
incorporated by reference by EPA into that plan, are fully Federally
enforceable under sections 110 and 113 of the CAA as of the effective
date of this final rulemaking, and will be incorporated by reference in
the next update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (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
[[Page 37774]]
circuit by October 1, 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 the removal from the SIP of a state regulation governing
emissions from EAFs because there are no such sources in Delaware and
removing references to the EAF regulation in two other SIP approved
state regulations, 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, Particulate matter, Reporting
and recordkeeping requirements.
Dated: July 22, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart I--Delaware
0
2. Amend Sec. 52.420, in the table in paragraph (c):
0
a. Under ``1114 Visible Emissions'' by revising the entries for
``Section 1.0, General Provisions'' and ``Section 2.0 Requirements'';
0
b. Under ``1117, Source Monitoring, Recordkeeping and Reporting'', by
revising the entry ``Section 3.0, Minimum Emission Monitoring
Requirements for Existing Sources''; and
0
c. Removing the heading ``1123, Standards of Performance for Steel
Plants: Electric Arc Furnaces'', including the entries ``Section 1.0''
through ``Section 5.0''. The revisions read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations and Statutes in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
State Additional
State regulation (7 DNREC 1100) Title/subject effective date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
1114 Visible Emissions
----------------------------------------------------------------------------------------------------------------
Section 1.0.................... General Provisions.. 9/11/2008 8/2/2019, [Insert Remove the phrase,
Federal Register ``except electric
citation]. arc furnaces and
their associated
dust-handling
equipment as set
forth in 2.2 of
this regulation.''
Section 2.0.................... Requirements........ 9/11/2008 8/2/2019, [Insert Remove the
Federal Register requirement of
citation]. 2.2, which reads
``2.2 The
requirements of
2.1 of this
regulation shall
not apply to
electric arc
furnaces, and
their associated
dust-handling
equipment, with a
capacity of more
than 100 tons
which are governed
by 7 DE Admin.
Code 1123.''
* * * * * * *
----------------------------------------------------------------------------------------------------------------
1117 Source Monitoring, Recordkeeping and Reporting
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 3.0.................... Minimum Emission 9/11/2008 8/2/2019, [Insert Revise 3.2 so that
Monitoring Federal Register it reads, ``3.2
Requirements for citation]. Fuel Burning
Existing Sources. Equipment--Fuel
burning equipment
except as provided
in 3.2 through 3.4
of this regulation
. . .'' And remove
3.5, ``Electric
arc furnaces--See
7 DE Admin. Code
1123.''
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-16438 Filed 8-1-19; 8:45 am]
BILLING CODE 6560-50-P
