10442 Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Proposed Rules 

1On July 19, 2011, EPA finalized an approval of 

Delaware’s September 25, 2008 regional haze SIP to 

address the first implementation period for regional 

haze. See 76 FR 42557. 

testimony electronically (via email or 

CD) or in hard copy form. 

The public hearing schedule, 

including lists of speakers, will be 

posted on the EPA’s Web site at: 

http://www.epa.gov/air/tribal/

tribalnsr.html. Verbatim transcripts of 

the hearing and written statements will 

be included in the docket for the 

rulemaking. The EPA will make every 

effort to follow the schedule as closely 

as possible on the day of the hearing. 

How can I get copies of this document 

and other related information? 

The EPA has a docket for the 

proposed rule, ‘‘General Permits for the 

Minor NSR Program,’’ under No. EPA– 

HQ–OAR–2011–0151, available at 

www.regulations.gov. 

List of Subjects in 40 CFR Part 49 

Environmental protection, 

Administrative practices and 

procedures, Air pollution control, 

Indians, Indians-law, Indians-tribal 

government, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Dated: February 19, 2014. 

Mary E. Henigin, 

Acting Director, Office of Air Quality Planning 

and Standards. 

[FR Doc. 2014–04089 Filed 2–24–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0005; FRL–9907–09– 

Region–3] 

Approval and Promulgation of 

Implementation Plans; Delaware; 

Regional Haze Five-Year Progress 

Report State Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing approval of 

a revision to the Delaware State 

Implementation Plan (SIP) submitted by 

the State of Delaware through the 

Delaware Department of Natural 

Resources and Environmental Control 

(DNREC). Delaware’s SIP revision 

addresses requirements of the Clean Air 

Act (CAA) and EPA’s rules that require 

states to submit periodic reports 

describing progress towards reasonable 

progress goals (RPGs) established for 

regional haze and a determination of the 

adequacy of the State’s existing 

implementation plan addressing 

regional haze (regional haze SIP). EPA is 

proposing approval of Delaware’s SIP 

revision on the basis that it addresses 

the progress report and adequacy 

determination requirements for the first 

implementation period for regional 

haze. 

DATES: Comments must be received on 

or before March 27, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2014–0005, by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2014–0005, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted 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–2014– 

0005. 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: 

Irene Shandruk, (215) 814–2166, or by 

email at shandruk.irene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Requirements for the Regional Haze 

Progress Report SIPs and Adequacy 

Determinations 

III. EPA’s Analysis of Delaware’s Regional 

Haze Progress Report and Adequacy 

Determination 

IV. EPA’s Proposed Action 

V. Statutory and Executive Order Reviews 

I. Background 

States are required to submit a 

progress report in the form of a SIP 

revision every five years that evaluates 

progress towards the RPGs for each 

mandatory Class I Federal area within 

the state and in each mandatory Class I 

Federal area outside the state which 

may be affected by emissions from 

within the state. See 40 CFR 51.308(g). 

In addition, the provisions under 40 

CFR 51.308(h) require states to submit, 

at the same time as the 40 CFR 51.308(g) 

progress report, a determination of the 

adequacy of the state’s existing regional 

haze SIP. The first progress report SIP 

is due five years after submittal of the 

initial regional haze SIP. On September 

25, 2008, Delaware DNREC submitted 

the State’s first regional haze SIP in 

accordance with 40 CFR 51.308(b).1

On September 24, 2013, DNREC 

submitted, as a SIP revision (progress 

report SIP) a report on progress made in 


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the first implementation period towards 

RPGs for the Class I area outside the 

State that is affected by emissions from 

Delaware’s sources. This progress report 

SIP and accompanying cover letter also 

included a determination that 

Delaware’s existing regional haze SIP 

requires no substantive revision to 

achieve the established regional haze 

visibility improvement and emissions 

reduction goals for 2018. EPA is 

proposing to approve Delaware’s 

September 24, 2013 SIP revision on the 

basis that it satisfies the requirements of 

40 CFR 51.308(g) and 308(h). 

II. Requirements for the Regional Haze 

Progress Report SIPs and Adequacy 

Determinations 

Under 40 CFR 51.308(g), states must 

submit a regional haze progress report 

as a SIP revision every five years and 

must address, at a minimum, the seven 

elements found in 40 CFR 51.308(g). As 

described in further detail in section III 

of this rulemaking action, 40 CFR 

51.308(g) requires: (1) A description of 

the status of measures in the approved 

regional haze SIP; (2) a summary of 

emissions reductions achieved; (3) an 

assessment of visibility conditions for 

each Class I area in the state; (4) an 

analysis of changes in emissions from 

sources and activities within the state; 

(5) an assessment of any significant 

changes in anthropogenic emissions 

within or outside the state that have 

limited or impeded progress in Class I 

areas impacted by the state’s sources; (6) 

an assessment of the sufficiency of the 

approved regional haze SIP; and (7) a 

review of the state’s visibility 

monitoring strategy. 

Under 40 CFR 51.308(h), states are 

required to submit, at the same time as 

the progress report SIP, a determination 

of the adequacy of their existing 

regional haze SIP and to take one of four 

possible actions based on information in 

the progress report. As described in 

further detail in section III of this 

rulemaking action, 40 CFR 51.308(h) 

requires states to either: (1) Submit a 

negative declaration to EPA that no 

further substantive revision to the state’s 

existing regional haze SIP is needed; (2) 

provide notification to EPA (and other 

state(s) that participated in the regional 

planning process) if the state determines 

that its existing regional haze SIP is or 

may be inadequate to ensure reasonable 

progress at one or more Class I areas due 

to emissions from sources in other 

state(s) that participated in the regional 

planning process, and collaborate with 

these other state(s) to develop additional 

strategies to address deficiencies; (3) 

provide notification with supporting 

information to EPA if the state 

determines that its existing regional 

haze SIP is or may be inadequate to 

ensure reasonable progress at one or 

more Class I areas due to emissions from 

sources in another country; or (4) revise 

its regional haze SIP to address 

deficiencies within one year if the state 

determines that its existing regional 

haze SIP is or may be inadequate to 

ensure reasonable progress in one or 

more Class I areas due to emissions from 

sources within the state. 

III. EPA’s Analysis of Delaware’s 

Regional Haze Progress Report and 

Adequacy Determination 

On September 24, 2013, DNREC 

submitted a revision to Delaware’s 

regional haze SIP to address progress 

made towards RPGs of the Class I area 

outside the State that is affected by 

emissions from Delaware’s sources. This 

progress report SIP also includes a 

determination of the adequacy of the 

State’s existing regional haze SIP. 

Delaware does not have any Class I 

areas within its borders. However, in 

Delaware’s September 25, 2008 Regional 

Haze submittal, DNREC had identified, 

through an area of influence modeling 

analysis based on back trajectories in 

consultation with the regional planning 

organization, Mid-Atlantic/Northeast 

Visibility Union (MANE–VU), only one 

Class I area, Edwin B. Forsythe National 

Wildlife Refuge (Brigantine Wilderness 

Area), in the neighboring State of New 

Jersey, that can be potentially impacted 

by Delaware sources. See 76 FR 42557. 

A. Regional Haze Progress Report SIPs 

This section summarizes each of the 

seven elements that must be addressed 

by the progress report under 40 CFR 

51.308(g); how Delaware’s progress 

report SIP addressed each element; and 

EPA’s analysis and proposed 

determination as to whether the State 

satisfied each element. 

The provisions under 40 CFR 

51.308(g)(1) require a description of the 

status of implementation of all measures 

included in the regional haze SIP for 

achieving RPGs for Class I areas both 

within and outside the state. Delaware 

evaluated the status of all measures 

included in its 2008 regional haze SIP 

in accordance with the requirements 

under 40 CFR 51.308(g)(1). Specifically, 

in its progress report SIP, Delaware 

summarizes the status of the emissions 

reduction measures that were included 

in the coordinated course of action 

agreed to by the Mid-Atlantic and 

Northeast States to assure reasonable 

progress toward preventing any future, 

and remedying any existing impairment 

of visibility in mandatory Class I 

Federal areas within MANE–VU. 

Delaware discusses its implementation 

of best available retrofit technology 

(BART) at the BART sources in the State 

and discusses how Delaware has far 

exceeded the MANE–VU goal of 90 

percent (%) reduction in sulfur dioxide 

(SO2) at electricity generating unit 

(EGU) stacks through implementation of 

its non-trading emissions control 

regulation for EGUs, 7 DE Admin. Code 

1146, and control requirements on SO2

emissions at EGUs established in state 

consent decrees and permits. Delaware 

discusses its implementation of 7 DE 

Admin. Code 1144 and 1148 which 

yielded nitrogen oxide (NOX) reductions 

from generators and combustion 

turbines at EGUs and discusses 

reductions from the shutdown of coalfired boilers pursuant to a Federal 

consent decree with Invista. While 

Delaware did not include any regulation 

for low sulfur fuel oil in its regional 

haze SIP, Delaware has subsequently 

implemented a low sulfur fuel oil 

regulation which will be effective in 

2016 and will reduce SO2 emissions 

further. Delaware also discusses SO2

and NOX reductions from a consent 

decree with the Delaware City Refinery 

which required installation of controls 

and discusses emission reductions from 

the NOX SIP Call and reasonably 

available control technology (RACT) 

requirements within the State. Finally, 

Delaware discusses its implementation 

of other measures included in its 

regional haze SIP including Maximum 

Achievable Control Technology (MACT) 

requirements and mobile source and 

non-road control measures. 

The State also discusses the status of 

those measures that were not included 

in the MANE–VU coordinated course of 

action and were not relied upon in the 

initial regional haze SIP to meet RPGs. 

The State notes that the emissions 

reductions from these measures will 

help ensure the Class I area impacted by 

Delaware sources achieves its RPGs. The 

measures include the Mercury and Air 

Toxics Standards (MATS) for EGUs and 

the 2010 SO2 National Ambient Air 

Quality Standard (NAAQS) which 

Delaware expects will yield additional 

SO2 reductions. Delaware also discusses 

Federal and state consent agreements as 

well as facility shutdowns and fuel 

conversions which were not included in 

the regional haze SIP but which have 

yielded emission reductions within the 

State. 

Delaware’s progress report includes a 

discussion of the benefits associated 

with each measure and quantified these 

benefits wherever possible. In instances 

where implementation of a measure did 

not occur on schedule, information is 

provided on the source category and the 


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2 Delaware’s progress report SIP includes 

emissions data for SO2 and NOx from EGUs from 

EPA’s Clean Air Markets Division (CAMD) for the 

years 2002–2011. 

measure’s relative impact on the overall 

future year emissions inventories. In 

aggregate, as noted later in section III.A 

of this rulemaking action, the emissions 

reductions from the identified measures 

exceed the original projections in 

Delaware’s regional haze SIP and result 

in lower emissions than originally 

projected. 

EPA finds that Delaware’s analysis 

adequately addresses the provisions 

under 40 CFR 51.308(g)(1). The State 

documents the implementation status of 

measures from its regional haze SIP in 

addition to describing additional 

measures not originally accounted for in 

the coordinated course of action with 

MANE–VU states or in Delaware’s 

approved regional haze SIP. Delaware’s 

progress report also describes significant 

measures resulting from EPA 

regulations other than the regional haze 

program as they pertain to the State’s 

sources. The progress report SIP further 

highlights the effects of state 

regulations, such as Delaware’s multipollutant control regulation for EGUs (7 

DE Admin. Code 1146), as well as 

several Federal and state consent 

decrees for various facilities. 

The State’s progress report adequately 

discusses the status of key control 

measures that Delaware relied upon in 

the first implementation period to make 

reasonable progress. In its regional haze 

SIP, Delaware identified SO2 emissions 

from coal-fired EGUs as a key 

contributor to regional haze in the 

MANE–VU region, with the EGU sector 

as a major contributor to visibility 

impairment at the Class I area impacted 

by Delaware sources. The State’s 

progress report SIP provides additional 

information on EGU control strategies 

and the status of existing and future 

expected controls for Delaware’s EGUs, 

with updated actual SO2 emissions data 

for the years 2009 through 2011 

reflecting significant reductions of SO2

in 2009, 2010, and 2011. In its regional 

haze SIP, Delaware determined that no 

additional controls of non-EGU sources 

were reasonable for the first 

implementation period. Delaware’s 

progress report SIP demonstrates SO2

reductions from EGUs in 2009–2011 far 

exceed projected SO2 reductions by 

approximately 10,000 tons of SO2

compared to the MANE–VU request to 

reduce SO2 emissions at EGUs. 

Regarding Delaware’s implementation 

of BART, Delaware’s progress report SIP 

reviews the status of the State’s BART 

sources (Edge Moor Unit 4, Edge Moor 

Unit 5, Indian River Unit 3, and McKee 

Run Unit 3). Delaware’s regional haze 

SIP included Delaware’s multi-pollutant 

EGU regulation, 7 DE Admin. Code 

1146, as an alternative to BART for SO2

and NOx emissions control for the 

BART sources pursuant to 40 CFR 

51.308(e)(2)(i). The progress report SIP 

indicates that the four BART sources 

have implemented the stringent control 

requirements in 7 DE Admin. Code 1146 

for NOx and SO2 emissions through 

unit-specific annual NOx and SO2 mass 

emissions caps and short-term (rolling 

24-hour) NOx and SO2 emissions rate 

limits (in pounds per million British 

thermal units (lb/MMBtu)). Delaware 

has demonstrated that the BART sources 

complied with 7 DE Admin. Code 1146 

by installation of controls, fuel switches, 

and permit restrictions on operating 

conditions. Delaware’s progress report 

SIP demonstrates significant SO2

reductions (and NOx reductions) from 

EGUs in 2011 compared to 2002 and 

2008 through implementation of 7 DE 

Admin. Code 1146. 

Delaware’s regional haze SIP also 

established BART for particulate matter 

(PM) for these same four sources 

through control requirements, and 

Delaware’s progress report SIP 

adequately demonstrates compliance 

with and implementation of the PM 

BART at these sources which has 

yielded PM reductions in addition to 

the PM reductions projected in the 

regional haze SIP. 

EPA proposes to conclude that 

Delaware has adequately addressed the 

status of control measures in its regional 

haze SIP as required by the provisions 

under 40 CFR 51.308(g)(1). The State 

adequately addressed the status of 

control measures in its regional haze SIP 

including BART and the coordinated 

action measures from MANE–VU, 

described the status of significant 

measures resulting from EPA 

regulations and Federal and state 

consent decrees other than the regional 

haze program as they pertain to 

Delaware sources, and included the 

status of key control measures that the 

State relied upon in the first 

implementation period to make 

reasonable progress. EPA finds 

Delaware has demonstrated significant 

reductions in SO2, NOx, and PM 

through implementation of measures in 

its regional haze SIP and other Federal 

and state measures. 

The provisions under 40 CFR 

51.308(g)(2) require a summary of the 

emissions reductions achieved in the 

state through the measures subject to the 

requirements under 40 CFR 51.308(g)(1). 

In its regional haze SIP and progress 

report SIP, Delaware focuses its 

assessment on the largest contributor to 

visibility impairment, SO2 emissions 

from EGUs. Delaware made this 

decision for the first implementation 

period because of MANE–VU’s findings 

that sulfate accounted for more than 70 

percent of the visibility-impairing 

pollution in the northeast and midAtlantic and because SO2 point source 

emissions in 2018 were projected to 

represent the majority of the total SO2

emissions inventory. 

Overall, SO2 emissions have 

decreased significantly in Delaware. 

Delaware states that the large reductions 

in SO2 emissions from EGUs resulted 

from compliance with 7 DE Admin. 

Code 1146 and from permit conditions 

and consent decrees which further 

restricted emissions from EGUs. By 

2011, the EGUs subject to 7 DE Admin. 

Code 1146 had reduced SO2 mass 

emissions by 21,905 tons per year (tpy) 

(approximately 70%) from 2002 and 

reduced NOx mass emissions by 5,412 

tpy (approximately 66%) from 2002.2

Delaware stated these actual reductions 

are greater than the 8,681 tons of SO2

reductions and zero tons of NOx 

reductions estimated from presumptive 

BART for Delaware’s BART sources. 

Delaware also identifies specific 

additional SO2 and NOx emissions 

reductions since the submittal in 2008 

of its regional haze SIP. Delaware 

identified reductions of 1,158 tpy NOx, 

290 tpy fine particulate matter (PM2.5), 

and 4,694 tpy of SO2 which resulted 

from unit shutdowns at several facilities 

and imposition of a NOx permit limit on 

the Delaware City refinery. Delaware 

also includes in its progress report SIP 

additional projected reductions of SO2

emissions of 2,605 tpy (as calculated 

from the 2002 base year) upon full 

implementation of its low-sulfur fuel 

regulation in 2016. Delaware states that 

these additional emissions reductions 

will further help to ensure that the 

Brigantine Wilderness Area will achieve 

its RPGs for visibility improvement by 

2018. 

Delaware also submitted data for the 

other states identified as significant 

contributors of SO2 to Brigantine 

Wilderness Area showing similar trends 

in SO2 reductions from EGUs in those 

states between 2002 and 2011. Because 

sulfates have been shown to be the 

predominant species of concern to 

visibility impairment at Brigantine 

Wilderness Area during the first round 

of regional haze planning and SO2 EGU 

emissions are trending downward, 

Delaware concludes in its progress 

report SIP that visibility improvements 

should continue into the future from the 

reduced sulfate contribution. 


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3The ‘‘most impaired days’’ and ‘‘least impaired 

days’’ in the regional haze rule refers to the average 

visibility impairment (measured in deciviews) for 

the twenty percent of monitored days in a calendar 

year with the highest and lowest amount of 

visibility impairment, respectively, averaged over a 

five-year period. See 40 CFR 51.301 

4 Delaware’s progress report SIP focused on 

inventories of SO2, NOX and PM2.5 because 

Delaware states these pollutants are reasonably 

anticipated to cause or contribute to visibility 

impairment. 

5EPA notes that the State included SO2 and NOX

emissions data for EGUs in Tables 7 and 8 of the 

progress report SIP using data from EPA’s CAMD 

database, along with trends comparing SO2, NOX, 

and PM2.5 actual emissions for 2002, 2008, and 2008 

plus 2011 EGU data to projected 2018 emissions in 

Tables 39–43. 

EPA proposes to conclude that 

Delaware has adequately addressed the 

provisions under 40 CFR 51.308(g)(2). 

The State provides estimates, and where 

available, actual emissions reductions of 

SO2 and NOX from EGUs in Delaware 

since the State submitted its regional 

haze SIP. Although Delaware 

appropriately focused on SO2 emissions 

from its EGUs in its progress report SIP 

because the State had previously 

identified these emissions as the most 

significant contributors to visibility 

impairment at Brigantine Wilderness 

Area, the State also provided NOX

emissions from its EGUs as well. 

Delaware also adequately provided 

estimates and where available, actual 

emissions reductions for certain nonEGU control measures discussed in its 

regional haze SIP. Delaware’s progress 

report SIP has shown that Delaware has 

exceeded expected emissions reductions 

and is expected to continue to do so in 

order to meet reasonable progress goals 

by 2018. 

The provisions under 40 CFR 

51.308(g)(3) require that states with 

Class I areas within their borders 

provide the following information for 

the most impaired and least impaired 

days for each area, with values 

expressed in terms of five-year averages 

of these annual values: 3 (1) Current 

visibility conditions; (2) the difference 

between current visibility conditions 

and baseline visibility conditions; and 

(3) the change in visibility impairment 

over the past five years. 

Because Delaware does not have any 

Class I areas within its borders, EPA 

therefore proposes to conclude that 

Delaware’s progress report SIP was not 

required to address 40 CFR 51.308(g)(3). 

The provisions under 40 CFR 

51.308(g)(4) require an analysis tracking 

emissions changes of visibilityimpairing pollutants from the state’s 

sources by type or category over the past 

five years based on the most recent 

updated emissions inventory. In its 

progress report SIP to address the 

requirements of 40 CFR 51.308(g)(4), 

Delaware presents data from statewide 

emissions inventories developed for the 

years 2002 and 2008 and compares the 

2002 and 2008 data for SO2, NOX, and 

PM2.5 to two sets of data for the same 

pollutants, including the projected 

emissions inventory for 2018 (from its 

2008 regional haze SIP) and a ‘‘hybrid’’ 

emissions inventory created using 2011 

EGU emissions data from EPA’s CAMD 

database combined with 2008 emissions 

inventory data from non-EGU sources. 

Delaware’s hybrid emissions inventory 

also includes adjusted mobile source 

emissions data for NOX, and PM2.5 from 

a 2012 model run using EPA’s Motor 

Vehicle Emission Simulator (MOVES) 

model.4 Delaware states this hybrid 

inventory reflects the latest data 

available to the State for comparison for 

40 CFR 51.308(g)(4). Delaware claims its 

inventory data in its progress report SIP 

captures the majority of SO2 emissions 

(as of 2011) because EGUs are the largest 

emitters of SO2 and states the inventory 

is adequate to show Delaware’s 

significant progress in reducing SO2

emissions in comparison to future year 

projections. Delaware’s emissions 

inventories include the following source 

classifications: Stationary point sources, 

area sources, and off-road and on-road 

mobile sources. As noted in section 

III.A.2 of this action, Delaware’s overall 

EGU SO2 emissions exceeded the 

reductions projected in the State’s 

regional haze SIP for 2018 due to 

compliance with 7 DE Admin. Code 

1146, additional fuel switches to natural 

gas, shutdowns, and other measures 

implemented for EGUs not previously 

projected. 

EPA proposes to conclude that 

Delaware has adequately addressed the 

provisions under 40 CFR 51.308(g)(4). 

While ideally the five-year period to be 

analyzed for emissions inventory 

changes is the time period since the 

current regional haze SIP was 

submitted, availability of qualityassured data may not always correspond 

with this period and there is an 

inevitable time lag in developing and 

reporting inventories such that the most 

recent data may not be available. 

Therefore, EPA believes that there is 

some flexibility in the five-year time 

period states can practically select for 

tracking emissions changes to meet this 

requirement. While Delaware used 

portions of its 2008 emissions inventory 

for comparison with 2002, Delaware 

also supplemented this 2008 inventory 

with emissions data for 2011 for the 

EGU sector and with additional 

adjustments for 2012 mobile emissions. 

EPA believes that Delaware presented 

an adequate analysis tracking emissions 

trends for SO2, NOX, and PM2.5 since the 

SIP was submitted in 2008 to reflect 

trends over an approximate five year 

period using the emissions data 

available to Delaware. Delaware’s 

hybrid emissions inventory including 

2011 EGU emissions data shows 

significant reductions of approximately 

28,000 tons of SO2, 13,000 tons of NOX, 

and 200 tons of PM2.5 from 2008. 

Furthermore, Delaware has 

demonstrated that these significant 

emissions reductions particularly of SO2

are well beyond what was projected for 

2018, demonstrating greater progress 

than projected in 2008.5 EPA has also 

reviewed SO2 and NOX emissions data 

from CAMD for Delaware’s EGUs for 

2012 and preliminary data for 2013 and 

notes similar significantly reduced 

emissions from these sources in 2012 

and 2013. EPA believes this provides 

sufficient information to support the 

representativeness of the five-year 

period evaluated by Delaware given that 

the State identified SO2 emissions from 

the EGU sector as a main contributor to 

visibility impairment at Brigantine 

Wilderness Area. 

The provisions under 40 CFR 

51.308(g)(5) require an assessment of 

any significant changes in 

anthropogenic emissions within or 

outside the state that have occurred over 

the past five years that have limited or 

impeded progress in reducing pollutant 

emissions and improving visibility in 

Class I areas impacted by the state’s 

sources. In its progress report SIP, 

Delaware states that sulfates continue to 

be the biggest single contributor to 

regional haze at Brigantine Wilderness 

Area. However, while Delaware focused 

its analysis on addressing large SO2

emissions from point sources, the State 

also has addressed NOX, and PM2.5. In 

its progress report SIP, Delaware 

demonstrates that the State’s SO2, NOX, 

and PM2.5 emissions reductions have by 

2012 already significantly exceeded the 

Delaware 2018 emissions inventory 

projections for SO2, NOX, and PM2.5 and 

demonstrates these reductions have 

occurred prior to other, additional state 

and Federal measures not included in 

the regional haze SIP but which 

Delaware projects will further reduce 

SO2 emissions including the 2010 SO2

NAAQS, Delaware’s new low-sulfur fuel 

oil regulation, and the shutdown of 

Indian River Unit 3. Therefore, 

Delaware states that it has not limited 

nor impeded progress in reducing 

pollutant emissions and improving 

visibility at Brigantine Wilderness Area. 


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EPA proposes to conclude that 

Delaware has adequately addressed the 

provisions under 40 CFR 51.308(g)(5). 

The State adequately demonstrated that 

there are no significant changes in 

emissions of SO2, PM2.5, or NOX that 

have impeded progress in reducing 

emissions and improving visibility in 

the Class I area impacted by Delaware 

sources. The State provided data 

demonstrating present emission 

reductions of SO2 from EGUs were 

greater than originally projected for 

2018 in the State’s regional haze SIP and 

show an overall significant downward 

trend in emissions over the period 2002 

to 2011. 

The provisions under 40 CFR 

51.308(g)(6) require an assessment of 

whether the current regional haze SIP is 

sufficient to enable the state, or other 

states, to meet the RPGs for Class I areas 

affected by emissions from the state. In 

its progress report SIP, Delaware states 

that it believes that the elements and 

strategies outlined in its original 

regional haze SIP are sufficient to enable 

neighboring states to meet all 

established RPGs. To support this 

conclusion, Delaware notes that 

emissions of SO2 as calculated using the 

2008 emissions inventory adjusted with 

2011 EGU emissions are significantly 

less than the 2018 projected emissions 

of SO2 (16,304 tpy versus 20,511 tpy, 

respectively). In addition, Delaware 

expects even further reduction of SO2

emissions, particularly for the EGU 

sector, due to additional reductions not 

accounted for in the original regional 

haze SIP as discussed in detail 

previously in this rulemaking action, 

further supporting the State’s 

conclusion that the regional haze SIP’s 

elements and strategies are sufficient to 

meet established RPGs. Delaware 

discusses visibility data from the April 

30, 2013 report, Tracking Visibility 

Progress, 2004–2011, prepared by the 

Northeast States for Coordinated Air 

Use Management (NESCAUM), which 

updated the progress at MANE–VU 

Class I areas during the five year period 

ending in 2011 including information 

for Brigantine Wilderness Area between 

2000 and 2011 in the context of shortand long-term visibility goals. The 

report indicates that haze levels on the 

best and worst days from 2000 through 

2011 have dropped at Brigantine 

Wilderness Area. Delaware notes the 

NESCAUM report indicates the states 

continue to be on track to meet their 

2018 RPGs for improved visibility and 

that further progress may occur through 

recently adopted or proposed regulatory 

programs. Based upon the NESCAUM 

report and visibility data within the 

report for Brigantine Wilderness Area, 

Delaware states visibility improvement 

at Brigantine Wilderness Area has 

occurred for the most impaired days and 

no degradation of visibility has occurred 

for the least impaired days. Therefore, 

Delaware states that New Jersey’s RPGs 

for Brigantine Wilderness Area are on 

track to be met based on visibility 

improvement and available data. 

EPA proposes to conclude that 

Delaware has adequately addressed the 

provisions under 40 CFR 51.308(g)(6). 

EPA views this requirement as a 

qualitative assessment that should 

evaluate emissions and visibility trends 

and other readily available information, 

including expected emissions 

reductions associated with measures 

with compliance dates that have not yet 

become effective. Delaware referenced 

the improving visibility trends detailed 

in the NESCAUM report and the 

downward emissions trends in the 

State, with a focus on SO2 emissions 

from Delaware EGUs, that support the 

State’s determination that the State’s 

regional haze SIP is sufficient for the 

neighboring state of New Jersey to meet 

its RPGs for the Class I area impacted by 

Delaware sources. 

The provisions under 40 CFR 

51.308(g)(7) require a review of the 

state’s visibility monitoring strategy and 

an assessment of whether any 

modifications to the monitoring strategy 

are necessary. This requirement only 

applies to states with Class I areas 

within their borders. EPA proposes to 

conclude that Delaware has adequately 

addressed 40 CFR 51.308(g)(7) because 

Delaware does not have any Class I 

areas within its borders and Delaware is 

not required to address the provisions 

under 40 CFR 51.308(g)(7). 

B. Determination of Adequacy of 

Existing Regional Haze Plan 

Under 40 CFR 51.308(h), states are 

required to take one of four possible 

actions based on the information 

gathered and conclusions made in the 

progress report SIP. The following 

section summarizes the action taken by 

Delaware under 40 CFR 51.308(h); 

Delaware’s rationale for the selected 

action; and EPA’s analysis and proposed 

determination regarding the State’s 

action. 

In its progress report SIP, Delaware 

took the action provided for by the 

provisions under 40 CFR 51.308(h)(1), 

which allow a state to submit a negative 

declaration to EPA if the state 

determines that the existing regional 

haze SIP requires no further substantive 

revision at this time to achieve the RPGs 

for Class I areas affected by the state’s 

sources. The basis for the State’s 

negative declaration is the findings from 

the progress report SIP (as discussed in 

section III of this rulemaking action), 

including the findings that: SO2

emissions from the State’s sources have 

decreased beyond original projections; 

additional EGU control measures not 

relied upon in the State’s regional haze 

SIP have occurred or will occur in the 

implementation period; and the EGU 

SO2 emissions in Delaware are already 

below the levels projected for 2018 in 

the regional haze SIP and are expected 

to continue to trend downward for the 

next five years. EPA and Delaware also 

expect the downward trend in SO2

emissions from EGUs in the other 

MANE–VU states to continue. EPA 

proposes to conclude that Delaware has 

adequately addressed the provisions 

under 40 CFR 51.308(h) because the 

visibility trends at the Class I area 

impacted by the State’s sources and the 

emissions trends of the State’s largest 

emitters of visibility-impairing 

pollutants both indicate that Brigantine 

Wilderness Area, which is the Class I 

area impacted by Delaware sources, will 

be able to meet or exceed the RPGs for 

2018. 

IV. EPA’s Proposed Action 

EPA is proposing to approve 

Delaware’s Regional Haze five-year 

progress report SIP revision, submitted 

September 24, 2013, as meeting the 

applicable regional haze requirements 

as set forth in 40 CFR 51.308(g) and 

51.308(h). 

V. 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. Accordingly, this proposed 

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 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 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Proposed Rules 10447 

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 

approve Delaware’s regional haze fiveyear progress report SIP revision 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur dioxide, Volatile 

organic compounds. 

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

Dated: February 11, 2014. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2014–04074 Filed 2–24–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2013–0414, EPA–R05– 

OAR–2013–0424, EPA–R05–OAR–2013– 

0425, EPA–R05–OAR–2013–0432; FRL– 

9906–49-Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Allen, Greene, Vanderburgh, Warrick, 

and Vigo Counties; 1997 8-Hour Ozone 

Maintenance Plan Revision to 

Approved Motor Vehicle Emissions 

Budgets 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Under the Clean Air Act 

(CAA), the Environmental Protection 

Agency (EPA) is proposing to approve 

requests by Indiana to revise the 1997 8- 

hour ozone maintenance air quality 

state implementation plan (SIP) for 

Allen, Greene, Vanderburgh, Warrick, 

and Vigo Counties to replace onroad 

emissions inventories and motor vehicle 

emissions budgets (budgets) with 

inventories and budgets developed 

using EPA’s Motor Vehicle Emissions 

Simulator (MOVES) emissions model. 

Indiana submitted the SIP revision 

requests for Allen, Vigo, Vanderburgh, 

and Warrick Counties on July 2, 2013, 

and submitted the SIP revision request 

for Greene County on July 8, 2013. 

DATES: Comments must be received on 

or before March 27, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID Nos. EPA–R05– 

OAR–2013–0414 (Vanderburgh and 

Warrick Counties), EPA–R05–OAR– 

2013–0424 (Allen County), EPA–R05– 

OAR–2013–0425 (Greene County), EPA– 

R05–OAR–2013–0432 (Vigo County), by 

one of the following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Maietta, Environmental 

Protection Specialist, Control Strategies 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8777, 

maietta.anthony@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this rule, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule which is located 

in the Rules section of this Federal 

Register. 

Dated: January 31, 2014. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2014–03169 Filed 2–24–14; 8:45 am] 

BILLING CODE 6560–50–P 


tkelley on DSK3SPTVN1PROD with PROPOSALS