80 FR 30015 - Approval and Promulgation of Air Quality Implementation Plans; Delaware; Nonattainment New Source Review; Emission Offset Provisions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 100 (May 26, 2015)
Federal Register Volume 80, Issue 100 (May 26, 2015)
| Page Range | 30015-30019 | |
| FR Document | 2015-12487 |
[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)] [Proposed Rules] [Pages 30015-30019] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12487] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2013-0816; FRL-9928-23-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Delaware; Nonattainment New Source Review; Emission Offset Provisions AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to disapprove a State Implementation Plan (SIP) revision submitted by the Delaware Department of Natural Resources and Environmental Control (DNREC) for the State of Delaware on October 15, 2013. EPA is proposing this action because the submittal does not satisfy the requirements of Clean Air Act (CAA) or the Federal implementing regulations, which establish the criteria under which the owner or operator of a new or modified major stationary source must obtain the required emission offsets ``from the same source or other sources in the same nonattainment area'' with limited exceptions, for Delaware's nonattainment New Source Review (NSR) preconstruction permitting program. In addition, EPA is proposing disapproval of the SIP revision because Delaware exercises authorities that are reserved for EPA under section 107 of the CAA. This action is being taken under the CAA. [[Page 30016]] DATES: Written comments must be received on or before June 25, 2015. ADDRESSES: Submit your comments, identified by Docket ID Number EPA- R03-OAR-2013-0816 by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. Email: [email protected]. C. Mail: EPA-R03-OAR-2013-0816, David Campbell, Associate Director, Office of Permits and Air Toxics, 3AP10, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previously-listed EPA Region III address. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA-R03-OAR- 2013-0816. EPA's policy is that all comments received will be included in the public docket without change, and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., 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 either electronically in www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Delaware Department of Natural Resources and Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware 19903. FOR FURTHER INFORMATION CONTACT: Amy Johansen, (215)814-2156, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background A. CAA Sections 172(c)(5) and 173(c)(1) Under section 172(c)(5) of the CAA, a SIP is required to include provisions which require permits for the construction and operation of new or modified major stationary sources anywhere in a nonattainment area in accordance with the requirements of section 173 of the CAA.\1\ Section 173, in turn, sets forth a series of requirements for the issuance of permits for the owners or operators of new or modified major stationary sources within nonattainment areas. Specifically, section 173 provides inter alia that construction and operating permits may only be issued if: (a) Sufficient offsetting emission reductions have been obtained to reduce total emissions from existing sources and the proposed source to the point where reasonable further progress towards meeting the ambient air standards is maintained; and (b) the proposed source is required to comply with the lowest achievable emission rate (LAER).\2\ --------------------------------------------------------------------------- \1\ A nonattainment area is the air quality control region designated by EPA under CAA section 107 as not attaining a particular National Ambient Air Quality Standard (NAAQS) for any of the six criteria air pollutants. \2\ See CAA section 171(3), 42 U.S.C. 7501(3) (defining LAER). --------------------------------------------------------------------------- Relevant to Delaware's SIP revision, CAA section 173(c) spells out the offset requirements for the owners and operators of new or modified major stationary sources. Specifically, section 173(c)(1) requires ``the owner or operator of a new or modified major source may comply with any offset requirement in effect under this part for increased emissions of any air pollutant only by obtaining emission reductions of such air pollutant from the same source or other sources in the same nonattainment area, except that the State may allow the owner or operator of a source to obtain such emission reductions in another nonattainment area if (A) the other area has an equal or higher nonattainment classification than the area in which the source is located and (B) emissions from such other area contribute to a violation of the national ambient air quality standard in the nonattainment area in which the source is located'' (emphasis added). B. 40 CFR 51.165 and Appendix S to Part 51, the Emission Offsets Interpretive Ruling 40 CFR 51.165 contains the SIP requirements for nonattainment NSR permit programs. Pursuant to 40 CFR 51.165(a)(3)(ii)(F), SIPs must contain provisions relating to the permissible location of offsetting emissions which are at least as stringent as those set out in appendix S, section IV.D. Appendix S sets forth EPA's interpretive ruling for preconstruction review requirements for stationary sources of air pollution under 40 CFR subpart I and section 129 of the CAA Amendments of 1977. Appendix S specifies that, ``a major new source or major modification which would locate in any area designated under section 107(d) of the Act as attainment or unclassifiable for ozone that is located in an ozone transport region or which would locate in an area designated in 40 CFR part 81, subpart C, as nonattainment for a pollutant for which the source or modification would be major may be allowed to construct only if the stringent conditions . . . are met.'' The goal of this section is to ensure there is progress towards achievement of the National Ambient Air Quality Standard (NAAQS). Section IV.D of appendix S, ``Location of Offsetting Emissions,'' proscribes the acceptable areas from which a new or modified source can obtain the required emissions offsets. The offsets must come from the same source or other sources in the same nonattainment area. However, the section provides that reviewing authorities may allow sources to obtain offsets from other nonattainment areas provided that two conditions are met: The nonattainment area from which the offsets are obtained must be of equal or higher nonattainment classification, and emissions from the area in which the offsets are obtained must contribute to a violation of the NAAQS in the area in which the source is located. These requirements are identical to the requirements in CAA section 173(c). [[Page 30017]] Delaware's SIP revision submittal, 7 DE Admin Code 1125 sections 2.5.5 and 2.5.6, which were revised by Delaware effective September 11, 2013, does not meet the requirements in CAA section 173(c), 40 CFR 51.165(a)(3)(ii)(F) and appendix S, section IV.D.1, because the identified sections allow emissions offsets to be used from areas not designated by EPA pursuant to CAA section 107 as an area of equal or higher nonattainment classification for any ozone NAAQS and do not address contribution requirements in the CAA and its implementing regulations. C. CAA Section 107 Under CAA section 107(c), the Administrator of the EPA is given the authority to designate as an air quality control region any interstate area or major intrastate area which she deems appropriate for the attainment and maintenance of ambient air quality standards. CAA section 107(d) provides the process for the Administrator of EPA, with recommendations from Governors, to designate areas or portions of areas within states as nonattainment, attainment, or unclassifiable upon promulgation or revision of a NAAQS. Pursuant to section 107 of the CAA, New Castle and Sussex Counties, Delaware were designated by EPA for the 2008 8-hour ozone NAAQS as ``marginal'' nonattainment under 40 CFR part 81, while Kent County was designated as ``unclassifiable/attainment.'' See 77 FR 30088 (May 21, 2012). New Castle County is a portion of the Philadelphia-Wilmington- Atlantic City marginal nonattainment area (Philadelphia Area) for the 2008 8-Hour ozone NAAQS. Upon designation, a nonattainment area for ozone is required to meet the plan submission requirements under section 182 of the CAA (in subpart 2 of Part D of Title I of the CAA) for each nonattainment area classification (marginal, moderate, serious, severe, and extreme) as well as the general SIP planning requirements in sections 172 and 173 of subpart 1 of Part D of Title I. The State of Delaware is unique because it is part of the Ozone Transport Region (OTR), as established in CAA section 184(a). Therefore, at a minimum, the entire State of Delaware is required to meet the plan submission requirements for a moderate nonattainment area classification as specified in CAA sections 182(b) and 184(b). Moderate area classification plan requirements include the emissions offset provisions within section 173 of the CAA and within its implementing regulations. D. Delaware's Approved 7 DE Admin. Code 1125--Requirements for Preconstruction Review For purposes of satisfying CAA sections 172 and 173, Delaware presently has a fully-approved nonattainment NSR preconstruction permitting program. See 77 FR 60053 (October 2, 2012). Typically, disapproval of a Part D NSR SIP revision would trigger sanctions under section 179 of the CAA and a requirement for EPA to impose a Federal Implementation Plan (FIP) in lieu of an approved SIP pursuant to section 110(c) of the CAA. However, in this case, Delaware's existing nonattainment NSR SIP is fully approved as meeting CAA requirements and there are no SIP deficiencies. Therefore, sanctions under CAA section 179 and FIP provisions under CAA section 110(c) are not triggered by the disapproval of this SIP revision. Delaware remains obligated to implement its Federally-approved nonattainment NSR preconstruction permitting program in accordance with CAA section 173. II. Summary of SIP Revision and EPA Analysis On October 15, 2013, DNREC submitted a proposed revision to Delaware's SIP to EPA for approval. The proposed revision is to 7 DE Admin. Code 1125, Requirements for Preconstruction Review, sections 2.5.5 and 2.5.6, Emission Offset Provisions.\3\ EPA has reviewed Delaware's proposed SIP revision and determined that it does not comply with the requirements of CAA sections 172(c)(5) and 173(c)(1) or the Federal implementing regulations in 40 CFR 51.165 and part 51, appendix S, section IV.D for several reasons. In addition, in the proposed revisions to 7 DE Admin. Code 1125, sections 2.5.5 and 2.5.6, Delaware exercises authorities that are reserved solely for EPA in CAA section 107 by treating certain areas as ozone nonattainment areas regardless of EPA's classification of those states for attainment of the ozone NAAQS, and therefore EPA proposes to disapprove this SIP revision submittal as not in accordance with the CAA. --------------------------------------------------------------------------- \3\ DNREC's revised 7 DE Admin. Code 1125, section 2.5.5 and 2.5.6 became effective September 11, 2013. --------------------------------------------------------------------------- First, the revised regulation enables sources in Delaware seeking NSR permits to obtain emission offsets from sources located in other areas, including areas outside of the State of Delaware, irrespective of the area's nonattainment status as compared to Delaware's nonattainment status for the same NAAQS.\4\ CAA section 173 and its implementing regulations clearly require emission offsets for NSR permits to come from the same area where a source is located or from an area with the same or higher nonattainment classification as the area where a source is locating or located. --------------------------------------------------------------------------- \4\ 7 DE Admin. Code 1125, section 2.5.5, as revised September 11, 2013, provides that Delaware may consider certain states as having the same nonattainment classifications as the area of Delaware where offsets are to be used including Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland, Michigan, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia and Wisconsin. EPA notes that several of these states have no areas classified by EPA under CAA section 107 as nonattainment for the ozone NAAQS. In addition, several of the specified states are not part of the OTR established pursuant to CAA section 184 which would treat areas within those states as Moderate nonattainment of an ozone NAAQS. --------------------------------------------------------------------------- Second, the revised regulation also permits sources seeking NSR permits in Delaware to obtain emissions offsets from areas without a determination that the other areas ``contribute to violation'' of the NAAQS in Delaware where a source seeking a NSR permit would be located as required in CAA section 173 and its implementing regulations. The language in section 2.5.6 in 7 DE Admin. Code 1125 provides that sources can obtain emission offsets ``in the nonattainment area which the source is located which shall specifically include any area in the States of Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland, Michigan, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia and Wisconsin.'' \5\ --------------------------------------------------------------------------- \5\ Delaware's October 15, 2013 SIP revision claims contribution from these specified states to ozone nonattainment or interference with maintenance of ozone NAAQS in Delaware is supported by EPA modeling conducted for the Cross State Air Pollution Rule (CSAPR) (76 FR 48208 (August 8, 2011)). However, EPA notes that the EPA CSAPR modeling was conducted to determine contribution to nonattainment or interference with maintenance for the 1997 ozone NAAQS and the 1997 and 2006 fine particulate matter (PM2.5 ) NAAQS. Delaware's SIP revision did not include any information supporting ``contribution to violation'' for the 2008 ozone NAAQS to meet requirements in section 173(c)(1) that emission offsets come from an area which contributes to violation of the NAAQS where the source seeking a permit is located. --------------------------------------------------------------------------- Finally, the revised regulation language allows Delaware to exercise authorities that are reserved solely for EPA in CAA section 107 by allowing ``the Department'' to determine the areas in which owners or operators can acquire emission offsets, regardless of the attainment status of the area. Specifically, Delaware is proposing language for the SIP that ``the Department may consider any area in the following states as having the same nonattainment classification as the area [[Page 30018]] of Delaware where the offsets are used: Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland, Michigan, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia and Wisconsin.'' See 7 DE Admin. Code 1125 section 2.5.5. As discussed in the Background Section of this proposal, under CAA section 107(c), only the Administrator of the EPA is given the authority to designate as an air quality control region any interstate area or major intrastate area which she deems appropriate for the attainment and maintenance of ambient air quality standards. The State of Delaware has no such authority under the CAA to designate areas for nonattainment with the NAAQS to meet requirements in CAA section 173(c)(1) that emission offsets must be from areas in the same or higher attainment classification for a NAAQS. Therefore, Delaware's regulation does not meet the requirements in CAA 173(c)(1) or its implementing regulations in 40 CFR 51.165 and in appendix S as Delaware lacks authority to designate areas ``nonattainment'' for emission offset requirements. Thus, because Delaware's revised regulation 7 DE Admin. Code 1125, sections 2.5.5 and 2.5.6 does not comply with requirements in CAA section 172(c)(5) and 173(c)(1) and the implementing regulations in 40 CFR 51.165 and appendix S, EPA finds the revision does not meet CAA requirements in the statute or in its implementing regulations. In addition, Delaware's revision to 7 DE Admin. Code 1125, section 2.5.5 inappropriately allows Delaware to treat areas as nonattainment for emission offset requirements when only EPA possesses such authority under the CAA to designate areas nonattainment, and thus EPA additionally finds the revision does not meet requirements in the CAA. Therefore, EPA proposes to disapprove the October 15, 2013 SIP revision. III. Proposed Action Pursuant to CAA section 110(k)(3), EPA is proposing to disapprove Delaware's October 15, 2013 SIP revision related to nonattainment NSR preconstruction permit program requirements for emission offsets. Specifically, Delaware's October 15, 2013 proposed SIP revision seeks to expand the geographical area in which owners and operators of new or modified major stationary sources may obtain emissions offsets, regardless of the area's attainment classification for the ozone NAAQS and without specific requirements that the area ``contribute to violation'' of the ozone NAAQS in the area in which a new or modified source is locating or located. EPA proposes to disapprove this SIP revision for two reasons: (1) Delaware's proposed emissions offset provision language does not comport with the specific requirements under CAA sections 172(c)(5) and 173(c)(1) or the Federal implementing regulations in 40 CFR 51.165 and appendix S; and (2) Delaware lacks legal authority to designate an area as nonattainment under CAA section 107(c) and (d). Under CAA section 179(a)(2), final disapproval pursuant to CAA section 110(k) of a submission that addresses a requirement of a Part D Plan (CAA sections 171-193), starts a sanction clock. While Delaware's SIP revision addresses the Part D Plan requirement for a NSR permitting program, Delaware presently has a fully-approved NSR permit program. See 77 FR 60053. Thus, there is no deficiency in Delaware's SIP. Therefore, if EPA takes final action to disapprove this SIP submission, no sanctions under CAA section 179 will be triggered. The full or partial disapproval of a SIP revision in general also triggers the requirement under CAA section 110(c) that EPA promulgate a FIP no later than two years from the date of the disapproval unless the State corrects the deficiency, and the Administrator approves the plan or plan revision before the Administrator promulgates such FIP. As previously discussed, Delaware's SIP is not deficient as Delaware has a fully-approved NSR preconstruction permit program. Therefore, if EPA takes final action to disapprove this submission, no FIP requirements for EPA under CAA section 110(c) will be triggered. EPA is soliciting public comments only on the issues discussed in this document. These comments will be considered before taking final action. Sources in Delaware are reminded that they remain subject to the requirements of Delaware's Federally-approved nonattainment NSR preconstruction permit program in 7 DE Admin. Code 1125 (approved by EPA on October 2, 2012) and are subject to potential enforcement for violations of the SIP including failure to comply with NSR permit requirements and specifically with emission offset requirements in CAA section 173 and in the Federally-enforceable Delaware SIP. See EPA's Revised Guidance on Enforcement During Pending SIP Revisions (March 1, 1991). IV. Statutory and Executive Order Reviews 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. In this case, EPA is proposing to disapprove Delaware's October 15, 2013 SIP submittal because it does not meet Federal requirements. For that reason, this proposed action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); 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 proposed rule, to disapprove Delaware's October 15, 2013 SIP revision related to emission offset provisions, 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. [[Page 30019]] List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: May 13, 2015. Shawn M. Garvin, Regional Administrator, Region III. [FR Doc. 2015-12487 Filed 5-22-15; 8:45 am] BILLING CODE 6560-50-P
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Management and Budget (OMB). techniques to quantify anticipated and the Code of Federal Regulations is
Section 3(f) of Executive Order 12866 present and future benefits and costs as available via the Federal Digital System
defines a ‘‘significant regulatory action’’ accurately as possible.’’ The Office of at: www.gpo.gov/fdsys. At this site you
as an action likely to result in a rule that Information and Regulatory Affairs of can view this document, as well as all
may— OMB has emphasized that these other documents of this Department
(1) Have an annual effect on the techniques may include ‘‘identifying published in the Federal Register, in
economy of $100 million or more, or changing future compliance costs that text or Adobe Portable Document
adversely affect a sector of the economy, might result from technological Format (PDF). To use PDF you must
productivity, competition, jobs, the innovation or anticipated behavioral have Adobe Acrobat Reader, which is
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State, local, or tribal governments or We are issuing this proposed priority You may also access documents of the
communities in a material way (also only on a reasoned determination that Department published in the Federal
referred to as an ‘‘economically its benefits would justify its costs. In Register by using the article search
significant’’ rule); choosing among alternative regulatory feature at: www.federalregister.gov.
(2) Create serious inconsistency or approaches, we selected those Specifically, through the advanced
otherwise interfere with an action taken approaches that would maximize net search feature at this site, you can limit
or planned by another agency; benefits. Based on the analysis that your search to documents published by
(3) Materially alter the budgetary follows, the Department believes that the Department.
impacts of entitlement grants, user fees, this regulatory action is consistent with
Dated: May 18, 2015.
or loan programs or the rights and the principles in Executive Order 13563.
obligations of recipients thereof; or We also have determined that this Sue Swenson,
(4) Raise novel legal or policy issues regulatory action would not unduly Acting Assistant Secretary for Special
arising out of legal mandates, the interfere with State, local, and tribal Education and Rehabilitative Services.
President’s priorities, or the principles governments in the exercise of their [FR Doc. 2015–12510 Filed 5–22–15; 8:45 am]
stated in the Executive order. governmental functions. BILLING CODE 4000–01–P
This proposed regulatory action is not In accordance with both Executive
a significant regulatory action subject to orders, the Department has assessed the
review by OMB under section 3(f) of potential costs and benefits, both ENVIRONMENTAL PROTECTION
Executive Order 12866. quantitative and qualitative, of this AGENCY
We have also reviewed this proposed regulatory action. The potential costs
regulatory action under Executive Order are those resulting from statutory 40 CFR Part 52
13563, which supplements and requirements and those we have [EPA–R03–OAR–2013–0816; FRL–9928–23–
explicitly reaffirms the principles, determined as necessary for Region 3]
structures, and definitions governing administering the Department’s
regulatory review established in programs and activities. Approval and Promulgation of Air
Executive Order 12866. To the extent We propose to fund through this Quality Implementation Plans;
permitted by law, Executive Order priority TA to State VR agencies to Delaware; Nonattainment New Source
13563 requires that an agency— improve the quality of VR services and Review; Emission Offset Provisions
(1) Propose or adopt regulations only ultimately the number and quality of
on a reasoned determination that their their employment outcomes. This AGENCY: Environmental Protection
benefits justify their costs (recognizing proposed priority would promote the Agency (EPA).
that some benefits and costs are difficult efficient and effective use of Federal ACTION: Proposed rule.
to quantify); funds.
(2) Tailor its regulations to impose the Intergovernmental Review: This SUMMARY: The Environmental Protection
least burden on society, consistent with program is subject to Executive Order Agency (EPA) is proposing to
obtaining regulatory objectives and 12372 and the regulations in 34 CFR disapprove a State Implementation Plan
taking into account—among other things part 79. One of the objectives of the (SIP) revision submitted by the
and to the extent practicable—the costs Executive order is to foster an Delaware Department of Natural
of cumulative regulations; intergovernmental partnership and a Resources and Environmental Control
(3) In choosing among alternative strengthened federalism. The Executive (DNREC) for the State of Delaware on
regulatory approaches, select those order relies on processes developed by October 15, 2013. EPA is proposing this
approaches that maximize net benefits State and local governments for action because the submittal does not
(including potential economic, coordination and review of proposed satisfy the requirements of Clean Air
environmental, public health and safety, Federal financial assistance. Act (CAA) or the Federal implementing
and other advantages; distributive This document provides early regulations, which establish the criteria
impacts; and equity); notification of our specific plans and under which the owner or operator of a
(4) To the extent feasible, specify actions for this program. new or modified major stationary source
performance objectives, rather than the Accessible Format: Individuals with must obtain the required emission
behavior or manner of compliance a disabilities can obtain this document in offsets ‘‘from the same source or other
regulated entity must adopt; and an accessible format (e.g., braille, large sources in the same nonattainment
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
(5) Identify and assess available print, audiotape, or compact disc) on area’’ with limited exceptions, for
alternatives to direct regulation, request to the program contact person Delaware’s nonattainment New Source
including economic incentives—such as listed under FOR FURTHER INFORMATION Review (NSR) preconstruction
user fees or marketable permits—to CONTACT. permitting program. In addition, EPA is
encourage the desired behavior, or Electronic Access to This Document: proposing disapproval of the SIP
provide information that enables the The official version of this document is revision because Delaware exercises
public to make choices. the document published in the Federal authorities that are reserved for EPA
Executive Order 13563 also requires Register. Free Internet access to the under section 107 of the CAA. This
an agency ‘‘to use the best available official edition of the Federal Register action is being taken under the CAA.
VerDate Sep<11>2014 15:06 May 22, 2015 Jkt 235001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\26MYP1.SGM 26MYP1](https://thefederalregister.org/doc/80_FR_30115/page/1.svg)
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List of Subjects in 40 CFR Part 52 1. www.regulations.gov: Follow the Dated: May 13, 2015.
Environmental protection, Air on-line instructions for submitting Susan Hedman,
pollution control, Carbon monoxide, comments. Regional Administrator, Region 5.
2. Email: aburano.douglas@epa.gov. [FR Doc. 2015–12499 Filed 5–22–15; 8:45 am]
Incorporation by reference,
3. Fax: (312) 408–2279.
Intergovernmental relations, Nitrogen 4. Mail: Douglas Aburano, Chief,
BILLING CODE 6560–50–P
dioxide, Ozone, Volatile organic Attainment Planning and Maintenance
compounds. Section, Air Programs Branch (AR–18J), ENVIRONMENTAL PROTECTION
Authority: 42 U.S.C. 7401 et seq. U.S. Environmental Protection Agency, AGENCY
Dated: May 13, 2015. 77 West Jackson Boulevard, Chicago,
Shawn M. Garvin, Illinois 60604. 40 CFR Part 52
Regional Administrator, Region III.
5. Hand Delivery: Douglas Aburano,
Chief, Attainment Planning and [EPA–R05–OAR–2014–0659; FRL–9927–97-
[FR Doc. 2015–12487 Filed 5–22–15; 8:45 am] Region-5]
Maintenance Section, Air Programs
BILLING CODE 6560–50–P
Branch (AR–18J), U.S. Environmental
Approval and Promulgation of Air
Protection Agency, 77 West Jackson
Quality Implementation Plans; Ohio;
Boulevard, Chicago, Illinois 60604.
ENVIRONMENTAL PROTECTION Removal of General Conformity
Such deliveries are only accepted
AGENCY Regulations
during the Regional Office normal hours
40 CFR Part 52 of operation, and special arrangements AGENCY: Environmental Protection
should be made for deliveries of boxed Agency (EPA).
[EPA–R05–OAR–2015–0192; FRL- 9927–95- information. The Regional Office official ACTION: Proposed rule.
Region-5] hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding SUMMARY: The Environmental Protection
Approval and Promulgation of Air
Federal holidays. Agency (EPA) is approving the removal
Quality Implementation Plans; Ohio: Please see the direct final rule which of general conformity regulations from
Cleveland and Delta; Determination of is located in the Rules section of this the Ohio state implementation plan
Attainment for the 2008 Lead Standard Federal Register for detailed (SIP) under the Clean Air Act. These
AGENCY: Environmental Protection instructions on how to submit regulations are no longer necessary
Agency (EPA). comments. since the establishment of the Safe,
ACTION: Proposed rule. FOR FURTHER INFORMATION CONTACT: Accountable, Flexible, Efficient
Sarah Arra, Environmental Scientist, Transportation Equity Act: A Legacy for
SUMMARY: On February 20, 2015, the Attainment Planning and Maintenance Users transportation act removed the
Ohio Environmental Protection Agency Section, Air Programs Branch (AR–18J), requirement for states to maintain
(Ohio EPA) submitted a request to the Environmental Protection Agency, general conformity regulations.
Environmental Protections Agency Region 5, 77 West Jackson Boulevard, DATES: Comments must be received on
(EPA) to make a determination under Chicago, Illinois 60604, (312) 886–9401, or before June 25, 2015
the Clean Air Act that the Cleveland and arra.sarah@epa.gov. ADDRESSES: Submit your comments,
Delta nonattainment areas have attained SUPPLEMENTARY INFORMATION: In the identified by Docket ID No. EPA–R05–
the 2008 lead (Pb) national ambient air Final Rules section of this Federal OAR–2014–0659, by one of the
quality standards (NAAQS). In this Register, EPA is making an attainment following methods:
action, EPA is proposing to determine determination as a direct final rule 1. www.regulations.gov: Follow the
that the Cleveland and Delta without prior proposal because the on-line instructions for submitting
nonattainment areas (areas) have Agency views this as a noncontroversial comments.
attained the 2008 Pb NAAQS. These submittal and anticipates no adverse 2. Email: blakley.pamela@epa.gov.
determinations of attainment are based comments. A detailed rationale for the 3. Fax: (312) 692–2450.
upon complete, quality-assured and action is set forth in the direct final rule. 4. Mail: Pamela Blakley, Chief,
certified ambient air monitoring data for If no adverse comments are received in Control Strategies Section, Air Programs
the 2012–2014 design period showing response to this rule, no further activity Branch (AR–18J), U.S. Environmental
that the areas have monitored is contemplated. If EPA receives adverse Protection Agency, 77 West Jackson
attainment of the 2008 Pb NAAQS. comments, the direct final rule will be Boulevard, Chicago, Illinois 60604.
Additionally, as a result of this withdrawn and all public comments 5. Hand Delivery: Pamela Blakley,
proposed determination, EPA is received will be addressed in a Chief, Control Strategies Section, Air
proposing to suspend the requirements subsequent final rule based on this Programs Branch (AR–18J), U.S.
for the areas to submit attainment proposed rule. EPA will not institute a Environmental Protection Agency, 77
demonstrations, together with second comment period. Any parties West Jackson Boulevard, Chicago,
reasonably available control measures, a interested in commenting on this action Illinois 60604. Such deliveries are only
reasonable further progress (RFP) plans, should do so at this time. Please note accepted during the Regional Office
and contingency measures for failure to that if EPA receives adverse comment normal hours of operation, and special
meet RFP and attainment deadlines for
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
on an amendment, paragraph, or section arrangements should be made for
as long as the areas continue to attain of this rule and if that provision may be deliveries of boxed information. The
the 2008 Pb NAAQS. severed from the remainder of the rule, Regional Office official hours of
DATES: Comments must be received on EPA may adopt as final those provisions business are Monday through Friday,
or before June 25, 2015. of the rule that are not the subject of an 8:30 a.m. to 4:30 p.m., excluding
ADDRESSES: Submit your comments, adverse comment. For additional Federal holidays.
identified by Docket ID No. EPA–R05– information, see the direct final rule Please see the direct final rule which
OAR–2015–0192, by one of the which is located in the Rules section of is located in the Rules section of this
following methods: this Federal Register. Federal Register for detailed
VerDate Sep<11>2014 15:06 May 22, 2015 Jkt 235001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\26MYP1.SGM 26MYP1](https://thefederalregister.org/doc/80_FR_30115/page/5.svg)
Document Created: 2018-02-21 10:31:29
Document Modified: 2018-02-21 10:31:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before June 25, 2015. | |
| Contact | Amy Johansen, (215)814-2156, or by email at [email protected] | |
| FR Citation | 80 FR 30015 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone and Volatile Organic Compounds |
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