4528 Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Proposed Rules 

1A ‘‘fuel burning unit’’ is defined as ‘‘each unit, 

or any combination of units discharging to a 

common stack used for the burning of fuel or other 

combustible material for the primary purpose of 

utilizing the thermal energy released.’’ This 

definition is included in the Delaware SIP at 40 

CFR 52.420(c). 

2Although this provision remains in the 

underlying Delaware regulations, because Delaware 

withdrew this provision from its SIP revision, it is 

not and will not be incorporated into the Delaware 

SIP. Consequently, EPA would not recognize any 

alternate emissions control approved by Delaware 

pursuant to this provision as a means of complying 

with the federally approved SIP. 

whether the information will have 

practical use; 

• Evaluating the accuracy of our 

estimate of the burden of the proposed 

collection, including the validity of our 

methodology and assumptions; 

• Enhancing the quality, usefulness, 

and clarity of the information we 

collect; and 

• Minimizing the burden on those 

who must respond. This includes 

exploring the use of appropriate 

automated, electronic, mechanical, or 

other technological collection 

techniques. 

Accessible Format: On request to the 

program contact person listed under FOR

FURTHER INFORMATION CONTACT, 

individuals with disabilities can obtain 

this document in an accessible format. 

The Department will provide the 

requestor with an accessible format that 

may include Rich Text Format (RTF) or 

text format (txt), a thumb drive, an MP3 

file, braille, large print, audiotape, or 

compact disc, or other accessible format. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. You may access the official 

edition of the Federal Register and the 

Code of Federal Regulations at 

www.govinfo.gov. At this site you can 

view this document, as well as all other 

documents of the Department published 

in the Federal Register, in text or 

Portable Document Format (PDF). To 

use PDF you must have Adobe Acrobat 

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site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

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Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Ian Rosenblum, 

Deputy Assistant Secretary for Policy and 

Programs. Delegated the authority to perform 

the functions and duties of the Assistant 

Secretary, Office of Elementary and 

Secondary Education. 

[FR Doc. 2022–01611 Filed 1–27–22; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0204; FRL–9440–01– 

R3] 

Air Plan Approval; Delaware; Revision 

of Regulation for Sulfur Content of 

Fuel Oil 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

submitted by the State of Delaware. This 

revision pertains to the reduction of the 

maximum allowable sulfur content limit 

for distillate fuels, from a current limit 

of 3,000 parts per million (ppm) (0.3% 

by weight) to 15 ppm (0.0015% by 

weight) and residential fuels from a 

current limit of 1.0% by weight to 0.5% 

by weight. This revision also adds 

requirements for sampling and testing 

along with certification and 

recordkeeping. Additionally, start up, 

shut down and malfunction provisions 

that were previously included in the 

Delaware SIP have been removed in this 

revision. EPA is proposing to determine 

that such removal corrects a deficiency 

identified in the June 12, 2015, SIP call 

issued to Delaware. This action is being 

taken under the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before February 28, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2014–0204 at https://

www.regulations.gov, or via email to 

gordon.mike@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Mallory Moser, Planning & 

Implementation Branch (3AD30), Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. The telephone number is 215– 

814–2030. Ms. Moser can also be 

reached via electronic mail at 

moser.mallory@epa.gov. 

SUPPLEMENTARY INFORMATION: On July 

10, 2013, the Delaware Department of 

Natural Resources and Environmental 

Control (DNREC) submitted a revision to 

the Delaware SIP which comprises 

revisions to Title 7 of Delaware’s 

Administrative Code (7 DE Admin. 

Code) 1108—Sulfur Dioxide Emissions 

from Fuel Burning Equipment. The 

revision to 7 DE Admin. Code 1108 will 

reduce the amount of sulfur in fuel oils 

used in fuel burning units.1 The revised 

regulation also establishes the date of 

compliance and adds necessary record 

keeping and recording provisions to 

ensure compliance with the regulation. 

The revision removes start up, shut 

down and malfunction provisions that 

were previously included in the 

Delaware SIP. On August 19, 2016, EPA 

received a supplemental letter from 

DNREC withdrawing a portion of 

Section 3.0 of 7 DE Admin. Code 1108 

from the July 10, 2013, SIP submittal 

subject to EPA’s review. The portion 

removed from the 2013 submittal is the 

last sentence of Section 3.0 which 

states, ‘‘In order to employ an emission 

control rather than sulfur content limits 

as a means of complying with this 

Regulation, an owner or operator of fuel 

burning equipment must demonstrate to 

the Department in advance that the 

equivalent emission will be achieved.’’ 

This provision will be retained as a 

State enforceable only requirement.2

Delaware’s August 19, 2016, letter is 

available in the docket for this 


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Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Proposed Rules 4529 

3After issuing a statement in 2020 to change 

aspects of the policy articulated in the 2015 SSM 

SIP Action, EPA in 2021 reinstated and reaffirmed 

the 2015 policy (see September 30, 2021, 

memorandum ‘‘Withdrawal of the October 9, 2020, 

Memorandum Addressing Startup, Shutdown, and 

Malfunctions in State Implementation Plans and 

Implementation of the Prior Policy,’’ from Janet 

McCabe, Deputy Administrator). Neither the 2020 

nor 2021 guidance memoranda affected the SSM 

SIP call for Delaware, and, as stated in the McCabe 

memorandum, EPA intends to implement the 2015 

SSM SIP Action, including taking this action on the 

SIP submittal in partial response to the 2015 SIP 

call. 

4These provisions address the Mid-Atlantic/ 

Northeast Visibility Union (MANE–VU) regional 

haze strategy. See 79 FR 25506. 

5The Delaware specific portion of the 2015 SIP 

Call can be found at 80 FR 33960 (June 12, 2015). 

rulemaking and online at 

www.regulations.gov. 

I. Background 

The revision consists of an 

amendment to the Delaware SIP to 

reduce the maximum allowable sulfur 

content limit for distillate and 

residential fuels. If the SIP revision were 

approved, the sulfur content limit for 

distillate fuel would be lowered to 15 

ppm by weight. The sulfur content limit 

for a residential fuel would be lowered 

to 0.5% by weight. For any other fuel, 

the sulfur content would remain 1.0% 

by weight. The combustion of sulfurcontaining fuel oil releases sulfur 

dioxide (SO2) emissions, which 

contribute to the formation of regional 

haze and fine particulate matter (PM2.5), 

all of which impact the environment 

and human health. Regional haze 

impairs visibility through scattering and 

absorption of light. PM2.5 pollution 

exposure has been linked to a variety of 

health problems. In addition to 

improving public health and the 

environment, decreased emissions of 

SO2 will contribute to the attainment or 

maintenance, or both, of the SO2 and 

PM2.5 national ambient air quality 

standards (NAAQS). 

In addition, the July 10, 2013, SIP 

submission partially responds to a SIP 

call issued by EPA to address startup, 

shutdown and malfunction (SSM) 

events which are contrary to the CAA 

and existing EPA guidance.3 On June 

12, 2015, pursuant to CAA section 

110(k)(5), EPA finalized an action (2015 

SSM SIP Action) that clarified, restated, 

and updated EPA’s interpretation that 

SSM exemption and affirmative defense 

SIP provisions are inconsistent with 

CAA requirements. In the 2015 SSM SIP 

Action, EPA also issued a finding that 

certain SIP provisions in 36 states 

(applicable in 45 statewide and local 

jurisdictions) are substantially 

inadequate to meet CAA requirements 

and thus issued a ‘‘SIP call’’ for each of 

the identified SIP provisions. 80 FR 

33840. See also 78 FR 12460 (February 

22, 2013) (proposed finding for SIP call). 

Delaware was among the 36 states that 

received a 2015 SIP call. EPA 

established a due date, November 22, 

2016, for states subject to the SIP call to 

submit corrective SIP revisions. 

Several provisions in the Delaware 

SIP were identified in the 2015 SIP call 

as substantially inadequate to meet CAA 

requirements. This included 7 DE 

Admin. Code 1108, Section 1.2 (Sulfur 

Dioxide Emissions from Fuel Burning 

Equipment), which stated that ‘‘[t]he 

provisions of this regulation shall not 

apply to the start-up and shutdown of 

equipment which operates continuously 

or in an extended steady state when 

emissions from such equipment during 

start-up and shutdown are governed by 

an operation permit issued pursuant to 

the provisions of 2.0 of 7 DE Admin. 

Code 1102.’’ This SIP submission from 

Delaware that is the subject of this 

action contains a revised version of 7 DE 

Admin. Code 1108 to delete the 

language identified in the 2015 SSM SIP 

call formerly at Section 1.2. That 

language provided impermissible 

exemptions from the low sulfur fuel oil 

provisions where sources obtained 

permits from Delaware. 

II. Summary of SIP Revision and EPA 

Analysis 

This SIP revision amends 7 DE 

Admin. Code 1108 sections 1.0 through 

3.0 and adds sections 4.0 and 5.0. The 

amendments to section 1.0 (General 

provisions) remove language related to 

the start-up and shutdown of equipment 

and provide clarity to existing language 

pertaining to the fact that catalyst 

regeneration only applies to catalyst 

regeneration in fluid catalytic cracking 

operations. 

The amendments to section 2.0 (Limit 

on Sulfur Content of Fuel): (1) Remove 

language related to oil sampling 

methods and sulfur concentrations of 

residual and distillate fuels; (2) establish 

a compliance date of July 1, 2016, such 

that no person shall offer for sale, sell, 

deliver, or purchase any fuel having a 

sulfur content greater than the 

applicable limits established within the 

regulations, when such fuel is intended 

for use in any fuel burning equipment; 

(3) lower sulfur content in residual fuel 

from 1% by weight to 0.5% by weight; 

(4) lower sulfur content in distillate fuel 

from 3,000 ppm to 15 ppm; and (5) 

establish a transitional period through 

June 30, 2017, for distillate fuel stored, 

offered for sale, sold, delivered, 

purchased, and used in Delaware prior 

to July 1, 2016, having a sulfur content 

greater than the limits specified within 

this regulation.4

The amendments to section 3.0 

(Emission Control in Lieu of Sulfur 

Content Limits of 2.0 of This 

Regulation) remove language and add 

clarifying language related to any fuel 

burning equipment employing emission 

controls of SO2 such that fuel burning 

equipment with controls achieving 

equal or better reductions are not 

subject to fuel sulfur limits. 

Section 4.0 (Sampling and Testing 

Methods and Requirements): (1) 

Establishes sampling and testing 

requirements for oil samples using 

standard American Society for Testing 

and Materials (ASTM) methods ASTM 

D4057–06; (2) establishes sampling and 

testing requirements for sulfur 

concentrations of residual and distillate 

fuels using the standard ASTM method 

D2622–10; and (3) allows the use of any 

alternative method found in 40 Code of 

Federal Regulations (CFR) 80.580 and/or 

approved by EPA and DNREC, to 

provide flexibility. 

Section 5.0 (Recordkeeping and 

Reporting) establishes certification and 

recordkeeping requirements for any 

person subjected to limits on sulfur 

content of fuel, when selling or 

delivering any fuel oil to be used in 

Delaware. 

In addition, this SIP revision removes 

section 1.2, which EPA determined in 

its June 12, 2015, SSM SIP Action to be 

substantially inadequate to meet CAA 

requirements and, therefore, SIP called 

pursuant to CAA section 110(k)(5). The 

provision was one of several that were 

identified as inadequate from the 

Delaware SIP because they 

impermissibly provide exemptions from 

otherwise applicable emissions 

limitations during periods of startup 

and shutdown.5

This proposed SIP revision to 

implement low sulfur fuel oil provisions 

is expected to reduce regional haze and 

visibility impairment in Delaware. 

Additionally, decreased emissions of 

SO2 will contribute to the attainment, 

maintenance, or both, of the SO2 and 

PM2.5 NAAQS in Delaware and the 

surrounding areas. 

III. Proposed Action 

Delaware’s SIP revision, which 

incorporate amendments made to 7 DE 

Admin. Code 1108, will lower the 

maximum allowable sulfur content limit 

combusted or sold in Delaware and aid 

in reducing SO2 emissions. These 

emissions are a cause of regional haze 

and reducing them will help Delaware 

and the surroundings areas to attain and 

maintain the SO2 and PM2.5 NAAQS. 


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4530 Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Proposed Rules 

EPA has determined that this SIP 

revision meets the requirements of the 

CAA. Therefore, EPA is proposing to 

approve the July 10, 2013, SIP revision 

which sets sulfur limits for combustion 

and sale in Delaware, as amended by 

Delaware on August 19, 2016. EPA is 

soliciting public comment on the issues 

discussed in this document. These 

comments will be considered before 

taking final action. 

In addition, based on Delaware’s 

removal of the language in section 1.2, 

which EPA identified in the 2015 SSM 

SIP Action as an impermissible SSM 

exemption provision, EPA proposes to 

find that this SIP revision adequately 

addresses the specific deficiency that 

EPA identified in the 2015 SSM SIP 

Action with respect to section 1.2 of the 

Delaware SIP. If EPA were to finalize 

approval of the SIP revision and finalize 

the finding that this SIP revision 

adequately addresses the SIP call, the 

SIP call for section 1.2 of the Delaware 

SIP would be resolved. The remaining 

portions of the SIP call issued to 

Delaware in 2015 would remain in 

effect pending future EPA action. 

IV. Incorporation by Reference 

In this document, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference of the state rules being 

approved. In accordance with 

requirements of 1 CFR 51.5, EPA is thus 

proposing to incorporate by reference 

Delaware’s Sulfur Dioxide Emissions 

from Fuel Burning Equipment 

requirements as described in 7 DE 

Admin. Code 1108, not including the 

last sentence of section 3.0, which 

Delaware withdrew from this SIP 

revision. EPA has made, and will 

continue to make, these materials 

generally available through https://

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). 

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 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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, 

regarding fuel oil sulfur limits for 

combustion and sale in the State of 

Delaware, 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, Particulate matter, Regional 

Haze, Sulfur oxides. 

Dated: January 13, 2022. 

Diana Esher, 

Acting Regional Administrator, Region III. 

[FR Doc. 2022–01808 Filed 1–27–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2021–0572, FRL–9439–01– 

R2] 

Approval and Promulgation of 

Implementation Plans; New York; 

Ozone and Particulate Matter Controls 

Strategies 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

several revisions to the New York State 

Implementation Plan (SIP) for the 

purposes of implementing control of air 

pollution by particulate matter (PM) and 

oxides of nitrogen (NOX). The proposed 

SIP revisions consist of amendments to 

several existing regulations outlined 

within New York’s Codes, Rules, and 

Regulations (NYCRR) that implement 

control measures for PM and NOX. The 

intended effect of this action is to 

approve control strategies, required by 

the Clean Air Act (CAA or the Act), 

which will result in emission reductions 

that will help attain and maintain the 

national ambient air quality standards 

for ozone and PM. These actions are 

being taken in accordance with the 

requirements of the CAA. 

DATES: Written comments must be 

received on or before February 28, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R02–OAR–2021–0572 at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 


jspears on DSK121TN23PROD with PROPOSALS1